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The Energy Performance of Buildings (England and Wales) Regulations 2012
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- UK Statutory Instruments
- 2012 No. 3118
- PART 2
- Regulation 9
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The Energy Performance of Buildings (England and Wales) Regulations 2012, Section 9 is up to date with all changes known to be in force on or before 21 December 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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Changes and effects yet to be applied to Regulation 9:
- Regulations applied (with modifications) by S.I. 2024/1268 reg. 5(12)
Energy performance certificatesE+W
This section has no associated Explanatory Memorandum
9.—(1) [F1Subject to paragraph (6),] an energy performance certificate entered on the register on or after 9th January 2013 must—
[F2(a)show the asset rating of the building, calculated and expressed in accordance with the methodology approved by the Secretary of State under regulation 24 of the Building Regulations 2010;]
(b)include a reference value [F3in order to make it possible to compare and assess the energy performance of the building];
(c)be issued by an energy assessor who is accredited to produce energy performance certificates for the category of building to which the certificate relates;
(d)include a recommendation report M1 unless there is no reasonable potential for energy performance improvements compared to the energy performance requirements in force;
(e)include the following information—
(i)the reference number under which the set of data from which the certificate may be produced has been entered onto the register in accordance with regulation 27;
(ii)the address of the building;
(iii)an estimate of the total useful floor area of the building; and
(iv)the date on which it was issued; F4...
[F5(ea)where it relates to a building or a building unit which is a green deal property, include the information specified in Schedule A1 in connection with each green deal plan that has been entered into in respect of that green deal property and for which payments are still to be made under that plan; and]
(f)be valid [F6for the purposes of this Part] in accordance with paragraph (2).
(2) An energy performance certificate is only valid for the purposes of this Part if—
(a)it was entered on the register no more than 10 years before the date on which it is made available; and
(b)no other energy performance certificate for the building has since been entered on the register.
[F7(2A) An energy performance certificate is only valid for the purposes of complying with the green deal disclosure obligations if it was—
(a)issued by an energy assessor; or
(b)produced under regulation 30 pursuant to a request for the disclosure of general access data relating to a green deal property,
no more than twelve months before the date on which the energy performance certificate is provided in connection with those obligations.]
(3) An energy performance certificate must not contain any information or data (except for the address of the building) from which a living individual (other than the energy assessor or his employer) can be identified.
[F8(3A) An energy performance certificate must not contain any information relating to a green deal plan for which the payment period has finished.]
(4) Certification for building units on or after 9th January 2013 may be based—
(a)for a non-residential building, on a common certification of the whole building for blocks with a common heating system; or
(b)on the assessment of another representative [F9building] or unit in the same block..
(5) Certification on or after 9th January 2013 for a building which consists of a single dwelling may be based on the assessment of another representative building of similar design and size with a similar actual energy performance quality if such correspondence is guaranteed by the energy assessor issuing the energy performance certificate.
[F10(6) This regulation does not apply to an energy performance certificate to which regulation 9A applies.]
Textual Amendments
F1Words in reg. 9(1) inserted (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 6(a)(i)
F2Reg. 9(1)(a) substituted (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 6(a)(ii)
F3Words in reg. 9(1)(b) substituted (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 6(a)(iii)
F4Word in reg. 9(1)(e)(iv) omitted (27.1.2013) by virtue of The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 (S.I. 2013/10), regs. 1(1), 9(2)
F5Reg. 9(1)(ea) inserted (27.1.2013) by The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 (S.I. 2013/10), regs. 1(1), 9(3)
F6Words in reg. 9(1)(f) inserted (27.1.2013) by The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 (S.I. 2013/10), regs. 1(1), 9(4)
F7Reg. 9(2A) inserted (27.1.2013) by The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 (S.I. 2013/10), regs. 1(1), 9(5)
F8Reg. 9(3A) inserted (27.1.2013) by The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 (S.I. 2013/10), regs. 1(1), 9(6)
F9Word in reg. 9(4)(b) substituted (6.4.2014) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/880), regs. 1(2), 4
F10Reg. 9(6) added (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 6(b)
Marginal Citations
M1“Recommendation report” is defined in regulation 4.
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