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Legal Matters

An introduction to the legal requirements in the United Kingdom to measure and report energy efficiency of buildings

Updated 12 July, 2007
 
Assessments    Building Regulations    On Sale or Let    References

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Assessments

By January 2009 there is an European Community requirement that all buildings should have Energy Performance Certificates (EPCs). The results will be summarised into 7 grades - from A (best) to G.

Public buildings of above 1000 sq. metres will be required to display their EPCs.

The generation of EPCs will depend on Assessors who will have been accredited by a method yet to be established. The government estimates that about 6000 Assessors will be required. Others suggest that 9000 is a better estimate. Most assessors will typically be the surveyors who currently inspect properties. However they have to take additional training for this new role. It is estimated that the energy assessment of a house during a survey will take an additional 30-60 minutes.

The Standard Assessment Procedure(SAP) is the Government's recommended system for energy rating of dwellings. The Standard Assessment Procedure 2005 defines:

The SAP rating can only be calculated precisely on new construction where full details are available of the construction and the materials used. For existing buildings a Reduced SAP (RDSAP) rating is defined, for which assumptions can be made on features where accurate data is hard to obtain.

Changes introduced in 2005 to this measure included:

Building Regulations

Applications for new developments must now include a calculated Standard Assessment Procedure report for the development.

Building Regulations are being used to increase the energy efficiency of new construction. The change in part L of the building regulations in 2002 required an increase in energy efficiency of 20%. The version of building regulations part L introduced in April 2006 require another 20% improvement in energy efficiency. This process is likely to continue as the government seeks to make all new housing from 2016 carbon neutral.

On Sale or Let

The Housing Act 2004 aimed to introduce a new method of house sale in England and Wales, intended to make the process quicker and cheaper. This requires the creation of a Home Information Pack as part of the home purchase process. This Home Information Pack will include a Home Condition Report that will contain an energy efficiency assessment - an Energy Performance Certificate, or "Energy Report". The intention is to make energy performance a factor in the valuation of housing. In the summer of 2007 this requirement was limited for the time being to larger houses.

An Energy Performance Certificate should also be supplied when a property is offered for let and when a lease is renewed. This requirement arises from an EU directive agreed in January 2003. It does not yet seem to be incorporated in English law.

References

Building Regulations drafts of April 2006 requirements.
The Housing Act 2004
FAERO Federation of Authorised Energy Rating Organisations.
DIRECTIVE 2002/91/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL of 16 December 2002 on the energy performance of buildings.
Royal Institute of Chartered Surveyors on the energy performance of buildings.

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