The Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008

PART 2 N.I. DUTIES TO PRODUCE ENERGY PERFORMANCE CERTIFICATES

Application of Part 2 N.I.

4.—(1) This Part does not apply to—

[F1 (a) buildings used as places of worship and for religious activities;]

(b) temporary buildings with aF2 ... time of use of 2 years or less;

(c) industrial sites, workshops and non-residential agricultural buildings with low energy demand; F3 ...

(d) stand-alone buildings with a total useful floor area of less than 50 m² that are not dwellings [F4 ; and]

[F5 (e) non-residential agricultural buildings which are in use by a sector covered by a national sectoral agreement on energy performance.]

(2) Nothing in this Part requires an energy performance certificate to be given or made available to an owner, a prospective buyer or tenant at any time before the construction of the building has been completed.

Textual Amendments

F1 Words in reg. 4(1)(a) substituted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 4(1)

F2 Word in reg. 4(1)(b) deleted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 4(2)

F3 Word in reg. 4(1)(c) deleted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 4(3)

F4 Word in reg. 4(1)(d) substituted for full stop (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 4(4)

F5 Reg. 4(1)(e) inserted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 4(5)

Commencement Information

I1 Reg. 4 in operation at 30.6.2008 for specified purposes, see reg. 1(3)

I2 Reg. 4 in operation at 30.9.2008 for specified purposes, see reg. 1(3)

I3 Reg. 4 in operation at 30.12.2008 for specified purposes, see reg. 1(3)

Energy performance certificates on sale and rent N.I.

5.—(1) Subject to paragraph (4), this regulation applies where a building is to be sold or rented out.

[F6 (1A) Before a building is made available for sale or rent, the relevant person shall ensure that an energy performance certificate is issued for the building.]

[F7 (2) The relevant person or a person acting on his behalf shall show, free of charge, a valid energy performance certificate to any prospective buyer or tenant when the prospective buyer or tenant first makes an enquiry about a building.]

(3) The relevant person shall ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the buyer or tenant.

[F8 (4) This regulation does not apply in relation to a building that is to be sold or rented out where the relevant person can show that following the sale or rental, the building is to be demolished or subject to a major renovation or he believes on reasonable grounds that the prospective buyer or tenant of the building intends to demolish the building or undertake a major renovation of the building.]

Textual Amendments

F6 Reg. 5(1A) inserted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 5(1)

F7 Reg. 5(2) substituted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 5(2)

F8 Reg. 5(4) substituted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 5(3)

Commencement Information

I4 Reg. 5 in operation at 30.6.2008 for specified purposes, see reg. 1(3)

I5 Reg. 5 in operation at 30.9.2008 for specified purposes, see reg. 1(3)

I6 Reg. 5 in operation at 30.12.2008 for specified purposes, see reg. 1(3)

[F9 Energy performance indicator on marketing N.I.

5A.— (1) This regulation applies where a building is offered for sale or rent.

(2) The relevant person, or where a person is acting on his behalf that person, shall ensure that the energy performance indicator of the building as expressed in the energy performance certificate is stated in any advertisement for sale or rent of the building in commercial media.

(3) The energy performance indicator shall be in a form approved by the Department.]

Textual Amendments

F9 Reg. 5A inserted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 5(4)

Energy performance certificates on construction N.I.

6.—(1) This regulation applies to all buildings to which this part applies, including buildings in relation to which the Building Regulations (Northern Ireland) [F10 2012] do not apply, other than buildings which are exempt from those Regulations by virtue of regulation [F10 4(2)(b) and (c)] of those Regulations, where—

(a) a building is constructed; F11 ...

[F12 (aa) a building has undergone a major renovation and was exempt under regulation 5(4); or]

(b) a building is so modified that the number of parts designed or altered for separate use is changed and where such modification includes the provision or extension of any fixed services for heating, hot water, air-conditioning and mechanical ventilation.

(2) The relevant person shall give an energy performance certificate for the building to the owner of the building not more than five days after the work has been completed.

Textual Amendments

F10 Words in reg. 6(1) substituted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 6(1)

F11 Word in reg. 6(1)(a) deleted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 6(2)

F12 Reg. 6(1)(aa) inserted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 6(3)

Commencement Information

I7 Reg. 6 in operation at 30.6.2008 for specified purposes, see reg. 1(3)

I8 Reg. 6 in operation at 30.9.2008 for specified purposes, see reg. 1(3)

I9 Reg. 6 in operation at 30.12.2008 for specified purposes, see reg. 1(3)

[F13 Recommendation reports N.I.

7.— (1) A recommendation report shall include recommendations for the cost-effective improvement of the energy performance of the building, to include—

(a) measures that could be carried out in connection with a major renovation of the building envelope or technical building systems; and

(b) measures for individual building elements that could be carried out independent of a major renovation of the building envelope or technical building systems.

(2) Any cost-effective measure which the energy assessor recommends must be technically feasible for the building to which the recommendation report relates.]

Textual Amendments

F13 Reg. 7 inserted (25.2.2014) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/43), regs. 1, 4

Energy performance certificates N.I.

8.—(1) An energy performance certificate shall—

(a) be in a form approved by the Department;

(b) state the asset rating of the building;

(c) include reference values such as current legal standards and benchmarks;

(d) be issued by an energy assessor who is accredited to produce energy performance certificates for that category of building; and

(e) include the following information—

(i) the reference number under which the certificate has been registered in accordance with regulation 25;

(ii) the address of the building;

(iii) the total useful floor area of the building;

(iv) the name of the energy assessor who issued it;

(v) the name and address of the energy assessor’s employer, or if he is self-employed, the name under which he trades and his address;

(vi) the date on which it was issued; and

(vii) the name of the approved accreditation scheme of which the energy assessor is a member.

(2) An energy performance certificate shall 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.

(3) An energy performance certificate is only valid for the purposes of this Part if—

(a) the issue date is not more than 10 years old; and

(b) no other energy performance certificate for the building has since been obtained by or provided to the relevant person.

(4) Certificates for apartments or units designed or altered for separate use in blocks may be based—

(a) on the assessment of another representative apartment or unit in the same block; or

(b) except in the case of a dwelling, on a common certification of the whole building for blocks with a common heating system.

(5) Where—

(a) a block with a common heating system is divided into parts designed or altered for separate use; and

(b) one or more, but not all, of the parts are dwellings,

certification for those parts that are not dwellings may be based on a common certification of all the parts that are not dwellings.

[F14 (6) Certificates for single-family houses 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 can be guaranteed by the energy assessor issuing the energy performance certificate.]

Textual Amendments

F14 Reg. 8(6) inserted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 8(1)

Commencement Information

I10 Reg. 8 in operation at 30.6.2008 for specified purposes, see reg. 1(3)

I11 Reg. 8 in operation at 30.9.2008 for specified purposes, see reg. 1(3)

I12 Reg. 8 in operation at 30.12.2008 for specified purposes, see reg. 1(3)

[F15 Display of energy performance certificates N.I.

8A.— (1) This regulation applies from [F16 25th February 2014] to a building, other than a dwelling, which satisfies the following requirements—

(a) it has a total useful floor area of more than 500m²; and

(b) it is frequently visited by the public.

(2) Where a valid energy performance certificate has been issued pursuant to [F17 regulation 5 or 6] for a building to which this regulation applies, the occupier shall ensure that the certificate shall be displayed in the building in a prominent place clearly visible to the public who visit the building.]

Textual Amendments

F15 Reg. 8A inserted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 8(2)

F16 Words in reg. 8A(1) substituted (25.2.2014) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/43), regs. 1, 5(1)

F17 Words in reg. 8A(2) substituted (25.2.2014) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2014 (S.R. 2014/43), regs. 1, 5(2)

Production of copies of energy performance certificates N.I.

9.  Where this Part requires a relevant person to give or [F18 show] a valid energy performance certificate it is sufficient for the relevant person to—

(a) give or [F18 show] a copy of a valid certificate; or

(b) with the consent of the intended recipient, give or [F18 show] electronically a read-only certificate.

Textual Amendments

F18 Words in reg. 9 substituted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 9

Commencement Information

I13 Reg. 9 in operation at 30.6.2008 for specified purposes, see reg. 1(3)

I14 Reg. 9 in operation at 30.9.2008 for specified purposes, see reg. 1(3)

I15 Reg. 9 in operation at 30.12.2008 for specified purposes, see reg. 1(3)

Purposes for which certificates and recommendation reports may be disclosed N.I.

10.—(1) Where any person has in his possession or control a document to which this regulation applies, it is an offence for that person to disclose, or permit the disclosure of, the document or any information derived from it except in the circumstances specified in paragraph (2).

(2) Those circumstances are—

(a) where the disclosure is necessary to comply with any duty imposed by these Regulations;

(b) where the disclosure is authorised by Part 6;

(c) where the disclosure is by or to an enforcement authority for a purpose legitimately connected to their duty under regulation 31(2);

(d) where the disclosure is for a legitimate purpose connected with a prospective buyer’s or tenant’s decision whether to buy or rent the building;

(e) where the disclosure is for a legitimate purpose related to the making of improvements to the energy efficiency of the building;

(f) where the disclosure is by or to an accreditation scheme operator for a purpose legitimately connected to its accreditation functions;

(g) where the disclosure is by the Department for—

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

(ii) statistical or research purposes,

provided that no particular property is identifiable from the information disclosed; or

(h) where the disclosure is for the purpose of—

(i) preventing or detecting crime;

(ii) apprehending or prosecuting offenders;

(iii) establishing, exercising or defending legal rights; F19 ...

(iv) complying with an order of a court [F20 ; or]

[F21 (v) providing any document or data to an accredited energy assessor solely where he has been engaged by a relevant person for a purpose legitimately connected with the assessment of the energy performance of a building.]

(3) Paragraph (1) does not apply to any disclosure of a document or any information derived from it by any person who, at the time of the disclosure, is, or is acting on behalf of, an owner or tenant of the building to which the document relates.

(4) This regulation applies to the following documents—

(a) an energy performance certificate or a copy of such a certificate; and

(b) a recommendation report or a copy of such a report,

and any data collected by an energy assessor for the purposes of preparing these documents shall be treated as part of these documents for the purposes of this regulation.

(5) A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale.

Textual Amendments

F19 Word in reg. 10(2)(h)(iii) deleted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 10(1)

F20 Word in reg. 10(2)(h)(iv) substituted for full stop (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 10(2)

F21 Reg. 10(2)(h)(v) inserted (18.2.2013) by The Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations (Northern Ireland) 2013 (S.R. 2013/12), regs. 1, 10(3)

Commencement Information

I16 Reg. 10 in operation at 30.6.2008 for specified purposes, see reg. 1(3)

I17 Reg. 10 in operation at 30.9.2008 for specified purposes, see reg. 1(3)

I18 Reg. 10 in operation at 30.12.2008 for specified purposes, see reg. 1(3)