The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2014

• Citation: S.I. 2014/880
• Sections: 12

Section 1 Citation, commencement and extent

(1) These Regulations may be cited as the Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2014.

(2) These Regulations come into force on 6th April 2014.

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

Section 2 Amendment of the Energy Performance of Buildings (England and Wales) Regulations 2012

The Energy Performance of Buildings (England and Wales) Regulations 2012 are amended as set out in regulations 3 to 12.

Section 3 Amendment of the Energy Performance of Buildings (England and Wales) Regulations 2012

In regulation 4 (recommendation reports)—

(a) in paragraph (4)(b)(i), for “nominated date applying to the report is before 9th January 2013, seven years or” substitute “total useful floor area of the building is over 1,000m 2 , seven years from the nominated date applying to the report; and”;

(b) in paragraph (4)(b)(ii), for “where” substitute “in the case of any other building, ten years from” and omit “is on or after 9th January 2013, ten years.”; and

(c) in sub-paragraph (5)(a), for “building envelope” substitute “building element”.

Section 4 Amendment of the Energy Performance of Buildings (England and Wales) Regulations 2012

In regulation 9(4)(b) (energy performance certificates), for “apartment or” substitute “building”.

Section 5 Amendment of the Energy Performance of Buildings (England and Wales) Regulations 2012

In regulation 11(statement of energy performance indicator)—

(a) in paragraph (2), for “asset rating” substitute “energy performance indicator”; and

(b) after paragraph (2) insert—

(3) In this regulation “energy performance indicator” means an indication of the energy efficiency of a building or building unit, calculated using the methodology approved by the Secretary of State under regulation 24 of the Building Regulations 2010 and expressed on a scale of A+ to G, (or A to G in the case of a building that is a dwelling), with G representing the least energy efficient rating.

Section 6 Amendment of the Energy Performance of Buildings (England and Wales) Regulations 2012

In regulation 14(2)(b) (duties relating to display energy certificates and recommendation reports), delete “less than”.

Section 7 Amendment of the Energy Performance of Buildings (England and Wales) Regulations 2012

In regulation 28 (fees for entering data onto register)—

(a) in paragraph (a), for “£1.67”, substitute “£1.30”; and

(b) in paragraph (b), for “£11.81”, substitute “£9.73”.

Section 8 Amendment of the Energy Performance of Buildings (England and Wales) Regulations 2012

In regulation 32 (disclosure by keeper of register)—

(a) after paragraph (2) insert—

(2A) Where the keeper of the register discloses bulk access data to the Secretary of State for statistical or research purposes in relation to energy efficiency or the use, generation or saving of energy, such bulk access data may be published by the Secretary of State if—

(a) the data is published in anonymised form; and

(b) the data does not include any information revealing the report reference number for an energy performance certificate.

(2B) In paragraph (2A) “anonymised form” means that the data is in a form calculated to prevent the data from being identified as relating to a particular person or building.

(b) after paragraph (4) insert—

(5) The keeper of the register may disclose to a person who operates an accreditation scheme approved by the Secretary of State under regulation 22—

(a) any document entered onto the register; and

(b) any associated data.

(6) Any document or data which is disclosed under paragraph (5)—

(a) may only be disclosed to the operator of the accreditation scheme through which the energy assessor entered the document or data on the register; and

(b) shall not include any green deal information or any information revealing the report reference number for an energy performance certificate relating to a green deal property.

(7) The keeper of the register may disclose bulk access data, which relates to a dwelling, to—

(a) the Gas and Electricity Markets Authority (“the Authority”);

(b) the Secretary of State; and

(c) a person acting on behalf of the Authority or the Secretary of State;

for the purposes of enabling the Authority or the Secretary of State to carry out any function in relation to a scheme established under section 100 of the Energy Act 2008 .

(8) Any data disclosed under paragraph (7) shall not include any—

(a) information revealing the location of an excluded building (or any information from which the location of such a building can be deduced); or

(b) information revealing the address or postcode of an identifiable person where an opt-out has effect under regulation 30.

Section 9 Amendment of the Energy Performance of Buildings (England and Wales) Regulations 2012

In regulation 34(2) (enforcement authorities), after “7(5)” insert “10(2), 11(2)”.

Section 10 Amendment of the Energy Performance of Buildings (England and Wales) Regulations 2012

In regulation 35(9) (power to require production of documents), for “(4)” substitute “(8)”.

Section 11 Amendment of the Energy Performance of Buildings (England and Wales) Regulations 2012

In regulation 36 (penalty charge notices)—

(a) in paragraph (1), after “7(5)” insert “10(2), 11(2)”; and

(b) in paragraph (10), for “(4)” substitute “(9)”.

Section 12 Amendment of the Energy Performance of Buildings (England and Wales) Regulations 2012

In regulation 38 (penalty amount)—

(a) in paragraph (1)(c), after “regulation” insert “10(2) or”;

(b) in paragraph 1(e), after “regulation” insert “11(2) or”; and

(c) in paragraph 4(c), for “paragraph (4)” substitute “sub-paragraph (b)”.