The Energy Performance of Buildings (Scotland) Regulations 2008

Energy performance certificates

6.—(1) An energy performance certificate must–

(a) express the asset rating of the building [F1 or building unit] in a way approved by the Scottish Ministers under regulation 7(b);

(b) include a reference value;

[F2 (ba) include an energy performance indicator;

(bb) include an indicator, expressed numerically, of primary energy use;]

[F3 (c) contain cost effective and technically feasible recommendations for improving the energy performance of the building or building unit including—

(i) measures in connection with a major renovation of the building envelope or technical building systems; and

(ii) measures for individual building elements independent of a major renovation of the building envelope or technical building systems;]

[F3 (ca) include a statement indicating that—

(i) more detailed information on the cost effectiveness of the recommendations made in the energy performance certificate; and

(ii) the steps to be taken to implement those recommendations,

are contained in the recommendations report;]

(d) include the following information–

(i) the address of the building [F4 or building unit];

(ii) where the certificate is issued by a qualified member of an approved organisation, the name of the approved organisation of which the person issuing the certificate is a member; and

(iii) the date on which it was issued; and

[F5 (e) be issued by a qualified member of an approved organisation for that category of building or building unit [F6 or produced from data entered on a register following a request for disclosure of that certificate made by virtue of regulation 12].]

[F7 (1A) Where the building or building unit to which the energy performance certificate relates is a green deal property the energy performance certificate must (in addition to the information specified in paragraph (1)(a) to (d)) contain a statement that green deal information relating to that building or building unit is contained in the recommendations report.]

[F8 (2) An energy performance certificate and the related recommendations report cease to be valid—

(a) for the purposes of complying with the green deal disclosure obligations, on expiry of the period of one year from the date on which the document was issued or from the date on which it was produced from a register by virtue of regulation 12, as the case may be;

(b) for all other purposes, on the expiry of a period of 10 years from the date on which the document was issued.]

(3) An energy performance certificate must not contain any information or data from which a living individual (other than the person issuing it or that person's employer) can be identified.

[F9 (4) Certification for a building unit may be based—

(a) on the assessment of another representative building unit with the same energy-relevant characteristics in the same building; or

(b) on a common certification of the whole building in which the building unit is located.]

(5) Paragraph (4)(b) does not apply to a unit that is a dwelling.

[F10 (6) Certification for a house may be based on the assessment of another representative house where—

(a) the representative house is of similar design, size and actual energy performance quality; and

(b) the member of the approved organisation issuing the energy performance certificate has confirmed in writing that this is the case.]

[F11 (7) In this regulation, “green deal disclosure obligations” means the obligations to provide an energy performance certificate and recommendations report by virtue of section 12 of the Energy Act 2011 and Part 7 of the Framework Regulations.]

Textual Amendments

F1 Words in reg. 6(1)(a) inserted (1.10.2012) by The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 (S.S.I. 2012/208), regs. 1(1), 7(a) (with reg. 19)

F2 Reg. 6(1)(ba)(bb) inserted (1.10.2012) by The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 (S.S.I. 2012/208), regs. 1(1), 7(b) (with reg. 19)

F3 Reg. 6(1)(c)(ca) substituted for reg. 6(1)(c) (1.10.2012) by The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 (S.S.I. 2012/208), regs. 1(1), 7(c) (with reg. 19)

F4 Words in reg. 6(1)(d)(i) inserted (1.10.2012) by The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 (S.S.I. 2012/208), regs. 1(1), 7(d) (with reg. 19)

F5 Reg. 6(1)(e) substituted (1.10.2012) by The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 (S.S.I. 2012/208), regs. 1(1), 7(e) (with reg. 19)

F6 Words in reg. 6(1)(e) inserted (27.1.2013) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2013 (S.S.I. 2013/12), regs. 1, 4(a)

F7 Reg. 6(1A) inserted (27.1.2013) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2013 (S.S.I. 2013/12), regs. 1, 4(b)

F8 Reg. 6(2) substituted (27.1.2013) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2013 (S.S.I. 2013/12), regs. 1, 4(c)

F9 Reg. 6(4) substituted (1.10.2012) by The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 (S.S.I. 2012/208), regs. 1(1), 7(g) (with reg. 19)

F10 Reg. 6(6) inserted (1.10.2012) by The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 (S.S.I. 2012/208), regs. 1(1), 7(h) (with reg. 19)

F11 Reg. 6(7) inserted (27.1.2013) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2013 (S.S.I. 2013/12), regs. 1, 4(d)