The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

PART 6 E+W Register of certificates, recommendation reports and advisory reports

Interpretation of Part 6 E+W

30.  In this Part “keeper of the register” means the Secretary of State or the person keeping a register on the Secretary of State’s behalf.

Commencement Information

I1 Reg. 30 in force at 19.4.2007, see reg. 1(4), Sch. 1

Registration of certificates etc E+W

31.—(1) The Secretary of State shall maintain one or more registers of the following documents—

(a) energy performance certificates and recommendation reports;

(b) display energy certificates; and

(c) advisory reports.

[F1 (2) An energy assessor who issues any of the documents referred to in paragraph (1) must ensure that the document, and the data which, in accordance with the methodology of calculation of the energy performance of buildings approved by the Secretary of State under regulation [F2 24 of the Building Regulations 2010], was used to calculate any asset rating or operational rating, and to produce the document, is entered onto the relevant register before the assessor gives the document to the person who requested that it be issued.]

(3) Each document entered onto the register—

(a) shall be registered under a unique reference number; and

(b) shall not be altered once registered.

(4) Any document or data entered onto the register must be kept on the register for a period of at least 20 years beginning on the date on which it is entered onto the register.

Textual Amendments

F1 Reg. 31(2) substituted (1.10.2008) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No.2) Regulations 2008 (S.I. 2008/2363), regs. 1(3), 2(5)

F2 Words in reg. 31(2) substituted (1.10.2010) by The Building Regulations 2010 (S.I. 2010/2214), reg. 1, Sch. 6 para. 2(f) (with reg. 9)

Commencement Information

I2 Reg. 31 in force at 19.4.2007, see reg. 1(4), Sch. 1

Fees for entering onto register E+W

[F3 32.— (1) The keeper of the register may charge the following fees for entering documents on the register—

(a) for entering an energy performance certificate and recommendation report which relate to a dwelling under regulation 31(1)(a), a fee of £1.15;

(b) for entering an energy performance certificate and recommendation report which relate to any other type of building under regulation 31(1)(a), a fee of £5.36;

(c) for entering a display energy certificate under regulation 31(1)(b), a fee of £5.36; and

(d) for entering both a display energy certificate under regulation 31(1)(b) and an advisory report under regulation 31(1)(c), a fee of £5.36.]

Textual Amendments

F3 Reg. 32 substituted (6.4.2008) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2008 (revoked) 2008 (S.I. 2008/647), regs. 1(3), 2(3)

Commencement Information

I3 Reg. 32 in force at 19.4.2007, see reg. 1(4), Sch. 1

Disclosures generally E+W

33.—(1) The keeper of the register may only disclose any document or data entered onto the register if authorised by this Part.

(2) In this Part, a reference to the disclosure of a document includes a reference to the disclosure of information derived from a document.

Commencement Information

I4 Reg. 33 in force at 19.4.2007, see reg. 1(4), Sch. 1

Disclosures with reference number E+W

34.—(1) This regulation applies where any person—

(a) requests the keeper of the register to disclose a particular document; and

(b) provides to the keeper of the register the relevant reference number of the document he is seeking to be disclosed.

(2) The keeper of the register may disclose to such a person—

(a) the document the person requested; and

(b) any document of the same kind relating to the same building or part of a building as the requested document, which was registered at any time during the period of 10 years ending on the date of the request.

Commencement Information

I5 Reg. 34 in force at 19.4.2007, see reg. 1(4), Sch. 1

[F4 Disclosures whether an energy performance certificate for a building other than a dwelling has been entered on the register E+W

34A.   The keeper of the register may disclose to any person, in response to a request made by that person in relation to a specified building other than a dwelling—

(a) whether an energy performance certificate is entered on the register for the building in question; and

(b) the date on which any such certificate was issued.]

Textual Amendments

F4 Reg. 34A inserted (1.10.2008) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No.2) Regulations 2008 (S.I. 2008/2363), regs. 1(3), 2(6)

Disclosures to approved accreditation schemes E+W

35.  The keeper of the register may disclose to an approved accreditation scheme operator—

(a) any document which was prepared by an energy assessor who was a member of the scheme at the time the document was entered into the register; and

(b) any associated data.

Commencement Information

I6 Reg. 35 in force at 19.4.2007, see reg. 1(4), Sch. 1

[F5 Disclosures to energy assessors in relation to dwellings E+W

35A.   The keeper of the register may disclose any document or data concerning a dwelling to an energy assessor—

(a) for the purpose of the assessment of the dwelling concerned; or

(b) for any other purpose undertaken on behalf of the owner or tenant of the dwelling concerned.]

Textual Amendments

F5 Regs. 35A, 35B inserted (1.10.2008) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No.2) Regulations 2008 (S.I. 2008/2363), regs. 1(3), 2(7)

Disclosures to the Energy Saving Trust Limited E+W

[F6 35B.— (1) The keeper of the register may disclose to the Energy Saving Trust Limited any energy performance certificate and the accompanying recommendation report relating to a dwelling in the circumstances described in paragraph (2).

(2) The circumstances are that—

(a) the energy performance certificate has been produced in order to comply with regulation 5(2) or (5) as those provisions relate to sales;

(b) the energy performance certificate shows an asset rating(4) in bands F or G; and

(c) the disclosure is for the purposes of enabling the Energy Saving Trust Limited to provide information to the owner or occupier of the dwelling on measures that may be taken to improve its energy performance and on any financial assistance that may be available for taking such measures.]

Textual Amendments

F6 Reg. 35B substituted (10.8.2009) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1900), regs. 1(3), 2(3)

Disclosures to enforcement authorities E+W

36.  The keeper of the register may disclose any document or data to an authorised officer of an enforcement authority [F7 or to an authorised officer of a local authority].

Textual Amendments

F7 Words in reg. 36 inserted (6.4.2008) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2008 (revoked) 2008 (S.I. 2008/647), regs. 1(3), 2(4)

Commencement Information

I7 Reg. 36 in force at 19.4.2007, see reg. 1(4), Sch. 1

[F8 Disclosures to approved inspectors E+W

36A.   The keeper of the register may disclose any document or data to an approved inspector in connection with functions under Part 2 of the Building Act 1984 in relation to the building to which the document or data relates.]

Textual Amendments

F8 Reg. 36A added (1.10.2008) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No.2) Regulations 2008 (S.I. 2008/2363), regs. 1(3), 2(8)

Disclosures to the Secretary of State E+W

[F9 37.— (1) The keeper of the register may disclose to an officer of the Secretary of State for Communities and Local Government—

(a) any document or data—

(i) for the purpose of enabling the Secretary of State to monitor the application and enforcement of, and compliance with, the duties imposed by these Regulations; or

(i) for statistical or research purposes,

provided that no particular property is identifiable from the document or data disclosed.

(b) any display energy certificate.]

Textual Amendments

F9 Reg. 37 substituted (10.8.2009) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2009 (S.I. 2009/1900), regs. 1(3), 2(4)

Commencement Information

I8 Reg. 37 in force at 19.4.2007, see reg. 1(4), Sch. 1