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The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016

Draft Legislation:

This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument. This draft has been replaced by a new draft, The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 ISBN 978-0-11-103105-6

Display Energy Certificate

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11.—(1) A display energy certificate for a building or building unit must—

(a)include the report reference number for the energy improvement data relating to that display energy certificate;

(b)where there is a valid energy performance certificate for the building or building unit, include the asset rating for the building or building unit;

(c)include a reference value;

(d)include the operational rating for the building or building unit;

(e)be issued by a qualified member of an approved organisation for that category of building or building unit;

(f)include the following information—

(i)the address of the building or building unit;

(ii)the total useful floor area of the building or building unit;

(iii)the unique identification number for the member of the approved organisation issuing the display energy certificate; and

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

(g)specify the nominated date.

(2) A display energy certificate for a building or building unit is valid for a period of one year from the nominated date specified under paragraph (1)(g).

(3) Paragraph (1)(d) does not apply in respect of a display energy certificate if the date of issue of that display energy certificate is earlier than the date falling 15 months after the date of issue of the first action plan for the building or building unit.

(4) The date to be specified under paragraph (1)(g) (“the nominated date”) must be a date, determined by the person issuing the display energy certificate, which is both—

(a)no later than the date of issue of the display energy certificate; and

(b)no later than three months after the date of the expiry of the assessment period.

(5) Where a display energy certificate previously issued in respect of the building or building unit included an operational rating the display energy certificate is—

(a)where only one such previous display energy certificate has been issued, to state the operational rating included in that certificate; or

(b)where two or more such previous display energy certificates have been issued, to state the operational rating included in the two most recently issued certificates.

(6) A display energy certificate must not contain any information or data from which a living individual (other than the person issuing it or that person’s employer) can be identified.

(7) In this regulation—

“assessment period” means , in respect of a display energy certificate, the period, determined by an approved methodology, in respect of which the operational rating included in the display energy certificate is calculated;

“nominated date” has the meaning given in paragraph (4);

“reference value” means such current legal standard or benchmark which makes it possible to compare and assess the energy performance of the building or building unit;

“total useful floor area” means the gross floor area as measured in accordance with the guidance issued from time to time by the Royal Institution of Chartered Surveyors or by a body replacing that Institution; and

“valid energy performance certificate” means an energy performance certificate which on the date on which the display energy certificate is issued has not ceased to be valid in terms of regulation 6(2)(b) of the 2008 Regulations.

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