Search Legislation

The Energy Performance of Buildings (Certificates and Inspections)(England and Wales)(Amendment) Regulations 2012

Status:

This is the original version (as it was originally made).

Citation, commencement, interpretation and extent

1.—(1) These Regulations may be cited as the Energy Performance of Buildings (Certificates and Inspections)(England and Wales)(Amendment) Regulations 2012.

(2) Regulation 12 of these Regulations comes into force on 5th April 2012.

(3) The remainder of these Regulations comes into force on 6th April 2012.

(4) In these Regulations—

(a)“the Principal Regulations” means the Energy Performance of Buildings (Certificates and Inspections)(England and Wales) Regulations 2007(1);

(b)“the 2011 Regulations” means the Energy Performance of Buildings (Certificates and Inspections) (England and Wales)(Amendment) Regulations 2011(2).

(5) These Regulations extend to England and Wales only.

Amendment of the Principal Regulations

2.  The Principal Regulations are amended as set out in regulations 3 to 10.

3.  In regulation 2—

(a)after the definition of “asset rating” insert—

“authorised recipient” means—

(a)

either House of Parliament (or a member or officer thereof);

(b)

a government department;

(c)

a person or body (other than a government department or the Welsh Ministers) to which section 6 of the National Audit Act 1983(3) applies;

(d)

the Welsh Ministers;

(e)

the National Assembly for Wales;

(f)

the Scottish Parliament, the Scottish Executive, an office-holder in the Scottish Administration or a Scottish Public Authority(4);

(g)

the Northern Ireland Assembly or a Northern Ireland Department(5);

(h)

a county council, district council or parish council in England;

(i)

a London borough council;

(j)

the Common Council of the City of London;

(k)

the Greater London Authority;

(l)

a local authority within the meaning of section 61 of the Local Government in Scotland Act 2003(6);

(m)

a local authority within the meaning of section 175 of the Local Government (Wales) Measure 2011(7);

(n)

a council of a district or borough within the meaning of the Local Government Act (Northern Ireland) 1972(8);

(o)

a university, including a university college (or any institution in the nature of a college in a university) or a school or hall of a university;

(p)

a provider of higher education as defined in section 579(1) of the Education Act 1996(9) (“the 1996 Act”) (other than one mentioned in paragraph (o) above);

(q)

a provider of further education as defined in section 2(3) to (5) of the 1996 Act;

(r)

a charity whose purposes include—

(i)

the conduct of research into the earth’s climate or environment or research into the construction, design or use of buildings, or

(ii)

the promotion of energy efficiency in buildings;

(s)

a registered provider of social housing(10);

(t)

a person who operates an accreditation scheme approved by the Secretary of State under regulation 25;

(u)

a green deal relevant person;

(v)

the holder of a licence under section 6(1)(c) or (d) of the Electricity Act 1989(11) (distribution and supply licences) which has been modified by the Secretary of State under section 41(1) of the Energy Act 2008 (power to amend licence conditions etc: feed-in tariffs)(12); and

(w)

a person (other than a natural person) who is certificated under the scheme known as the “Microgeneration Certification Scheme(13);

(b)after the definition of “building” insert—

“bulk access data” means any data entered onto a register as required by regulation 31(2);.

(c)after the definition of “energy performance certificate” insert—

“general access data” means information that is required by these Regulations to be included in an energy performance certificate, a display energy certificate or an inspection report, or is included in a recommendation report or an advisory report;

“green deal relevant person” means a person who, after the coming into force of framework regulations made under section 3(1) of the Energy Act 2011—

(a)

is authorised by the Secretary of State to act as a green deal provider pursuant to those regulations,

(b)

is a body specified or authorised for the purposes of subsection (1)(a) of that section, or

(c)

operates a scheme for the purpose of assessing whether persons are qualified to act as advisors in relation to green deal plans;

“green deal plan” means an energy plan which is a green deal plan in accordance with section 1(3) of the Energy Act 2011;;

(d)after the definition of “inspection report” insert—

“keeper of the register” means the Secretary of State, or the person keeping a register on the Secretary of State’s behalf;;

(e)after the definition of “penalty charge notice” insert—

“personal data” has the meaning given in section 1(1) of the Data Protection Act 1998(14);;

(f)after the definition of “recommendation report” insert—

“register” means a register required to be maintained under regulation 31;.

4.  In regulation 6 after paragraph (3) insert—

(4) Where the written particulars are made available and the address of the building is not included in those particulars, the person giving the particulars may, pursuant to paragraph (2), attach a copy of the first page of an energy performance certificate from which the keeper of the register has omitted the address of the building, notwithstanding the requirement to include the address imposed by regulation 11(1)(d)(ii).

(5) Paragraph (4) does not apply in relation to residential property.

(6) Paragraph (4) does not permit the omission of the address of the building from an energy performance certificate in any circumstances other than those mentioned in that paragraph.

(7) In this regulation—

“residential property” means premises in England and Wales consisting of a single dwelling, including ancillary land..

5.  In regulation 7 after paragraph (2) insert—

(2A) Regulations 5A and 6 do not apply in relation to a building other than a dwelling which is to be sold or rented out where the relevant person can demonstrate that—

(a)the building is to be sold or rented out with vacant possession;

(b)the building is suitable for demolition;

(c)the resulting site is suitable for redevelopment;

(d)all the relevant planning permissions, listed building consents and conservation area consents exist in relation to the demolition; and

(e)in relation to the redevelopment—

(i)either outline planning permission or planning permission exists, or both; and

(ii)where relevant, listed building consent exists..

6.  In regulation 11—

(a)at the end of paragraph (1)(d)(iii) insert “and”;

(b)omit paragraph (1)(d)(iv), (v) and (vii);

(c)in paragraph (1)(d)(vi) for “; and” substitute “.”.

7.  Omit regulations 14 and 30.

8.  In regulation 31—

(a)in paragraph (1) for “of the following documents” substitute “data from which the following documents may be produced”;

(b)in paragraph (2) omit “the document, and”;

(c)in paragraph (2A) for “it” substitute “the data required by paragraph (2) to be entered in relation to the report”;

(d)in paragraph (3) for “document entered onto the register” substitute “set of data entered onto the register from which a particular document may be produced”;

(e)in paragraph (4) omit “document or”.

9.  For regulations 32 to 37 substitute—

Fees for entering data onto register

32.  The keeper of the register may charge the following fees for entering data onto the register—

(a)for entering data from which an energy performance certificate and recommendation report which relate to a dwelling may be produced, a fee of £1.15;

(b)for entering data from which—

(i)an energy performance certificate and recommendation report which relate to a building other than a dwelling,

(ii)a display energy certificate,

(iii)both a display energy certificate and an advisory report, or

(iv)an inspection report,

may be produced, a fee of £5.36;

(c)for entering data from which a display energy certificate may be produced, a fee of £5.36.

Disclosure of data: general

33.(1) A person keeping a register on the Secretary of State’s behalf must not disclose data that has been entered onto a register to any other person unless the disclosure is in accordance with regulation 34, 35 or 36.

(2) It is an offence for a person to disclose, or permit the disclosure of, data otherwise than in accordance with paragraph (1).

(3) A person guilty of an offence under paragraph (2) is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Disclosure of general access data

34.(1) The keeper of the register may disclose general access data to any person if the conditions in paragraph (2) are met.

(2) The conditions are that—

(a)a request for disclosure of the data to the person has been made by means of a website operated by the keeper;

(b)the request includes—

(i)the full residential address (excluding the postcode) of the particular building to which the data relates;

(ii)the full postcode of that building, or

(iii)the name of the road or street on which, and the name of the city, town, village or parish in which that building is located;

(c)where the request is for data other than data required to be included in a display energy certificate, there is no opt-out in effect in respect of the data; and

(d)the particular building to which the data relates is not an excluded building.

(3) In this regulation—

(a)an opt-out is in effect in respect of data where—

(i)the owner or occupier of the building to which the data relates has notified the keeper that the data is not to be disclosed,

(ii)the notice was given in writing, or by electronic communication sent to an address or location specified by the keeper for the purpose of the receipt of such notices, and

(iii)the notice has not been withdrawn by the owner or occupier (by the means referred to in this sub-paragraph);

(b)“excluded building” means a building owned, occupied or used from time to time by or for the purposes of—

(i)the Security Service, the Secret Intelligence Service or the Government Communications Headquarters;

(ii)any of the armed forces;

(iii)the Royal Family;

(iv)a prison;

(v)a contracted out prison within the meaning of the Criminal Justice Act 1991(15); or

(vi)a young offender institution.

Disclosure of bulk access data

35.(1) The keeper of the register may disclose—

(a)bulk access data which relates solely to a display energy certificate to any person if the condition in paragraph (2)(c) is met;

(b)other bulk access data to an authorised recipient if all of the conditions in paragraph (2) are met.

(2) The conditions are that—

(a)the authorised recipient has made a request for one or more specific descriptions of data to the keeper;

(b)the request was made in writing, or by electronic communication sent to an address or location specified by the keeper for the purpose of the receipt of such requests;

(c)the authorised recipient (other than one falling within paragraph (a), (b), (d), (e), (f) or (g) of the definition of that term in regulation 2) has paid a fee to the keeper, in the amount determined in accordance with regulation 37;

(d)the data is disclosed in summary form and does not include any information revealing the location of an excluded building (or any information from which the location of such a building can be deduced), or revealing the address or postcode of an identifiable person where an opt-out has effect under regulation 34(3);

(e)the disclosure is made subject to the condition that the data is to be used by the recipient solely for one or more of the purposes described in Part 1 of Schedule 2; and

(f)the disclosure is made subject to the conditions set out in Part 2 of that Schedule.

(3) The keeper of the register may refuse to disclose information under paragraph (1)(b) where the person who requests the disclosure has previously failed to comply with a condition of the kind referred to in paragraph (2)(e) or (f).

(4) In this regulation “excluded building” has the same meaning as in regulation 34.

Disclosure of general access and bulk access data

36.(1) The keeper of the register may disclose general access data or bulk access data—

(a)to an enforcement authority for the purposes of their duty under regulation 38(2);

(b)to a local authority for the purposes of their duty under section 91 of the Building Act 1984(16);

(c)to an approved inspector for the purposes of the inspector’s functions under Part 2 of the Building Act 1984; or

(d)for the purpose of—

(i)the prevention or detection of crime;

(ii)the apprehension or prosecution of alleged offenders;

(iii)any proceedings in a court or tribunal; or

(iv)complying with an order of a court or tribunal.

(2) A person keeping a register on the Secretary of State’s behalf may disclose general access data or bulk access data to the Secretary of State for the purpose of enabling the Secretary of State to carry out any function under or in connection with these Regulations, or for statistical or research purposes.

Fee for disclosure of bulk access data

37.(1) The amount of the fee referred to in regulation 35(2)(c) is the sum of—

(a)the number of small data packs requested multiplied by one penny (1p);

(b)the number of medium data packs requested multiplied by five pence (5p); and

(b)the number of large data packs requested multiplied by ten pence (10p).

(2) In this regulation, “small data pack”, “medium data pack” and “large data pack” have the meanings given in Schedule 3.

10.  After Schedule 1, insert Schedules 2 and 3 as set out in the Schedule to these Regulations.

Amendment of the Building Regulations 2010

11.—(1) In regulation 29(4) of the Building Regulations 2010 (energy performance certificates)(17)—

(a)at the end of subparagraph (d)(iii) insert “and”;

(b)omit subparagraph (d)(iv), (v) and (vii);

(c)in subparagraph (d)(vi) for “; and” substitute “.”.

(2) In regulation 30(4) of those Regulations, for “they are” substitute “that the data used to produce them is”.

Revocation

12.  Regulations 2(5)(e) and 3(6) and (7) of the 2011 Regulations are revoked.

Review under the 2011 Regulations

13.  A review carried out pursuant to regulation 5 of the 2011 Regulations must include within its scope the amendments made by these Regulations, and a reference to “these Regulations” in that regulation is to be read accordingly.

Signed by authority of the Secretary of State for Communities and Local Government

Signatory text

Andrew Stunell

Parliamentary Under Secretary of State

Department for Communities and Local Government

13th March 2012

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Impact Assessments

Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:

  • Why the government is proposing to intervene;
  • The main options the government is considering, and which one is preferred;
  • How and to what extent new policies may impact on them; and,
  • The estimated costs and benefits of proposed measures.
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources