The Energy Performance of Buildings (England and Wales) Regulations 2012, No. 3118 (as amended)

The Energy Performance of Buildings (England and Wales) Regulations 2012 were established to improve the energy efficiency of buildings and ensure transparency regarding their energy performance. These regulations are part of the UK’s efforts to meet EU energy efficiency directives and promote sustainability in the built environment.

Purpose: The primary purpose of the regulations is to reduce energy consumption and carbon emissions from buildings. By mandating the assessment and disclosure of energy performance, the regulations aim to encourage energy-saving improvements and inform potential buyers and tenants about the energy efficiency of properties.

Requirements:

1. Energy Performance Certificates (EPCs): Buildings must have an EPC when constructed, sold, or rented. The EPC provides a rating of the building’s energy efficiency from A (most efficient) to G (least efficient) and includes recommendations for improvement.
2. Display Energy Certificates (DECs): Public buildings over 250 square metres that are frequently visited by the public must display a DEC, which shows the building’s energy performance based on actual energy use.
3. Air Conditioning Inspections: Air conditioning systems with a capacity of more than 12 kW must be regularly inspected by an accredited energy assessor. The inspections aim to ensure systems are operating efficiently and to identify opportunities for energy savings.
4. Enforcement and Penalties: Local authorities are responsible for enforcing the regulations. Failure to comply can result in penalties, including fines for not having a valid EPC, DEC, or air conditioning inspection report.

Applicability: The regulations apply to a wide range of buildings, including residential, commercial, and public properties. They affect property owners, landlords, and managers who are responsible for ensuring compliance when selling, renting, or managing buildings. Public authorities managing buildings accessible to the public also have specific obligations under these regulations.

These regulations are crucial for promoting energy efficiency in the building sector, reducing environmental impact, and providing valuable information to property owners, buyers, and tenants about the energy performance of buildings.

The Energy Performance of Buildings (England and Wales) Regulations 2012 require various forms of documentation to ensure compliance with the mandates on energy performance and efficiency in buildings. These evidence requirements are critical for validating that buildings meet energy performance standards and for facilitating enforcement by authorities.

Key Evidence Requirements:

1. Energy Performance Certificates (EPCs): An EPC must be obtained and provided whenever a building is constructed, sold, or rented. The certificate must be issued by an accredited energy assessor and must be valid, typically for 10 years. Property owners and landlords must keep a copy of the EPC and ensure it is available to potential buyers or tenants.
2. Display Energy Certificates (DECs): For public buildings over 250 square metres that are frequently visited by the public, a DEC must be prominently displayed. The DEC, which includes an energy rating based on actual energy use, must be accompanied by an advisory report that outlines recommendations for improving energy efficiency. These documents must be updated annually and kept available for inspection.
3. Air Conditioning Inspection Reports: Buildings with air conditioning systems over 12 kW must undergo regular inspections by accredited energy assessors. The inspection reports, which identify energy efficiency improvements, must be retained by the building owner or manager. The reports should be updated every five years and must be available for enforcement authorities upon request.
4. Enforcement and Compliance Documentation: Property owners, landlords, and building managers must maintain records that demonstrate compliance with the regulations. This includes keeping copies of EPCs, DECs, air conditioning inspection reports, and any correspondence or notices from enforcement authorities. These records ensure that the responsible parties can provide evidence of compliance if challenged or audited.

These evidence requirements ensure that energy performance is properly assessed, documented, and transparent, helping to promote energy efficiency and reduce carbon emissions in the building sector. They provide a structured approach for verifying compliance and enable authorities to enforce the regulations effectively.