The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013

Amendments to Regulation 2 (Interpretation) of the Principal Regulations

3.  Regulation 2(1) of the Principal Regulations is amended as follows—

(a) For the definition of “building” substitute—

““building” means a roofed construction having walls, for which energy is used to condition the indoor climate, and a reference to a building includes a reference to a building unit;”.

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

““building envelope” means the integrated elements of a building which separate its interior from the outdoor environment;

“building unit” means a section, floor or apartment within a building which is designed or altered to be used separately;

“commercial media” means any material produced specific to a building, on any medium, with the intention of advertising the building for sale or rent;”.

(c) In the definition of “energy performance certificate” after “8” insert “and includes a recommendation report”.

(d) After the definition of “energy performance certificate” insert—

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

(a)

national security;

(b)

any of the armed forces;

(c)

the Royal Family;

(d)

a prison; or

(e)

a young offenders institution;”.

(e) After the definition of “inspection report” insert—

““issued” means entered onto the relevant register of documents in accordance with regulation 25(2);

“major renovation” means the renovation of a building where more than 25% of the surface of the building envelope undergoes renovation;”.

(f) After the definition of “operational rating” insert—

““opt-out” means—

(a)

the owner or occupier of a building to which a document relates has notified the keeper of the register that the data is not to be disclosed;

(b)

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

(c)

the notice has not been withdrawn by the owner or occupier (by the means referred to in paragraph (b));”.

(g) For the definition of “recommendation report” substitute—

““recommendation report” means a report included in the energy performance certificate that contains recommendations for the cost-effective improvement of the energy performance of the building;”.

(h) After the definition of “relevant person” insert—

““technical building system” means technical equipment for the heating, cooling, ventilation, hot water, lighting or for a combination thereof, of a building;” and

“total useful floor area” means the total area of all enclosed spaces measured to the inside face of the external walls, that is, the gross floor area, and in the case of sloping surfaces such as staircases, galleries, raked auditoria and tiered terraces shall be taken as their area on plan but shall exclude areas that are not enclosed such as open floors, covered ways and balconies.”.