The Energy Performance of Buildings (England and Wales) Regulations 2012

PART 2 E+W Duties relating to Energy Performance Certificates

Application of Part 2 E+W

5.—(1) This Part does not apply to—

(a) buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance;

(b) buildings used as places of worship and for religious activities;

(c) temporary buildings with a time of use of two years or less;

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

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

(f) residential buildings which are used or intended to be used—

(i) for less than four months of the year, or

(ii) for a limited annual time of use and with an expected energy consumption of less than 25% of what would be the result of all-year use; and

(g) stand-alone buildings with a total useful floor area of less than 50m².

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

Energy performance certificates on sale and rent E+W

6.—(1) Subject to regulation 8, this regulation applies where a building is to be sold or rented out.

(2) The relevant person shall make available free of charge a valid energy performance certificate to any prospective buyer or tenant—

(a) at the earliest opportunity; and

(b) in any event no later than whichever is the earlier of—

(i) in the case of a person who requests information about the building, the time at which the relevant person first makes available any information in writing about the building to the person; or

(ii) in the case of a person who makes a request to view the building, the time at which the person views the building.

(3) Paragraph (2) does not apply if the relevant person believes on reasonable grounds that the prospective buyer or tenant—

(a) is unlikely to have sufficient means to buy or rent the building;

(b) is not genuinely interested in buying or renting a building of a general description which applies to the building; or

(c) is not a person to whom the relevant person is likely to be prepared to sell or rent out the building.

(4) Nothing in paragraph (3) authorises the doing of anything which constitutes an unlawful act of discrimination.

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

Energy performance certificates on marketing E+W

7.—(1) Subject to regulation 8, this regulation applies where—

(a) a building is to be sold or rented out; and

(b) no valid energy performance certificate is available for that building.

(2) Before the building is put on the market, the relevant person must secure that an energy performance certificate is commissioned for the building.

(3) Before marketing the building, a person acting on behalf of the relevant person must be satisfied that an energy performance certificate has been commissioned for the building.

(4) The relevant person and a person acting on behalf of the relevant person must use all reasonable efforts to secure that a valid energy performance certificate is obtained for the building before the end of a period of 7 days starting with the day on which the building was first put on the market.

(5) Where any person subject to the duty in paragraph (4) is unable, despite using all reasonable efforts, to secure that a valid energy performance certificate is obtained for the building before the end of the 7 day period specified in that paragraph, the person shall secure that the certificate is obtained before the end of the period of 21 days immediately following the 7 day period.

(6) In this regulation—

(a) “the market” means the property market in England and Wales;

(b) a building is put on the market when the fact that it is or may become available for sale or rent is, with the intention of marketing the building, first made public in England and Wales by or on behalf of the relevant person;

(c) a fact is made public when it is advertised or otherwise communicated (in whatever form and by whatever means) to the public or to a section of the public;

(d) an energy performance certificate is commissioned when a request is made—

(i) which is properly addressed to an energy assessor who is accredited to produce energy performance certificates for the category of building in question, and

(ii) which is in such form, contains all such information and is accompanied by such payment or undertaking to make such payment as is usually necessary to obtain a certificate.

[F1 Energy performance certificates on construction E+W

7A.— (1) This regulation applies where—

(a) a building is erected; or

(b) a building is modified so that it has a greater or lesser number of parts designed or altered for separate use than it previously had, where the modification includes the provision or extension of any of the fixed services for heating, hot water, air conditioning or mechanical ventilation.

(2) The person carrying out the building work must—

(a) give an energy performance certificate for the building to the owner of the building;

(b) give to the local authority notice to that effect; and

(c) include in that notice the reference number under which the energy performance certificate has been registered in accordance with regulation 27(4), except in the case of an energy performance certificate issued under regulation 9A (energy performance certificates in respect of excluded buildings).

(3) The energy performance certificate and notice must be given not later than five days after the building work has been completed.]

Textual Amendments

F1 Reg. 7A inserted (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 5

Modifications etc. (not altering text)

C1 Reg. 7A by applied (with modifications) by S.I. 2010/2215, reg. 20(1)(7) (as amended (6.4.2016) by The Building Regulations &c. (Amendment) Regulations 2016 (S.I. 2016/285), regs. 1(4), 3(3)(c))

C2 Reg. 7A applied (with modifications) by S.I. 2010/2215, reg. 20(1)(7) (as amended (W.) (17.6.2016) by The Building Regulations &c. (Amendment) (Wales) Regulations 2016 (S.I. 2016/611), regs. 1(4), 3 (with reg. 1(3))) (as amended (W.) (25.4.2024) by S.I. 2024/447, regs. 1(1), 3(h) (with reg. 6))

C3 Reg. 7A applied (with modifications) (E.) (6.4.2024) by The Building (Registered Building Control Approvers etc.) (England) Regulations 2024 (S.I. 2024/110), regs. 1(3), 5(12) (with regs. 44-47)

Buildings to be demolished E+W

8.—(1) Regulations 6 and 7 do not apply in relation to a dwelling which is to be sold or rented out where the relevant person can demonstrate that—

(a) the dwelling is suitable for demolition;

(b) the resulting site is suitable for redevelopment;

(c) all the relevant planning permissions, listed building consents and conservation area consents exist in relation to the demolition; and

(d) in relation to the redevelopment—

(i) either outline planning permission or planning permission exists, or both; and

(ii) where relevant, listed building consent exists.

(2) Regulation 6 does not apply in relation to any prospective buyer or tenant of a building other than a dwelling which is to be sold or rented out where—

(a) the relevant person can demonstrate that—

(i) the building is to be sold or rented out with vacant possession;

(ii) the building is suitable for demolition; and

(iii) the resulting site is suitable for redevelopment; and

(b) the relevant person believes on reasonable grounds that the prospective buyer or tenant intends to demolish the building.

(3) Regulation 7 does not apply in relation to a building other than a dwelling which is to be sold or rented out where the relevant person can demonstrate that—

(a) the building is to be sold or rented out with vacant possession;

(b) the building is suitable for demolition;

(c) the resulting site is suitable for redevelopment;

(d) all the relevant planning permissions, listed building consents and conservation area consents exist in relation to the demolition; and

(e) in relation to the development—

(i) either outline planning permission or planning permission exists, or both; and

(ii) where relevant, listed building consent exists.

Energy performance certificates E+W

9.—(1)  [F2 Subject to paragraph (6),] an energy performance certificate entered on the register on or after 9th January 2013 must—

[F3 (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 [F4 in 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; F5 ...

[F6 (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 [F7 for 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.

[F8 (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.

[F9 (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 [F10 building] 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.

[F11 (6) This regulation does not apply to an energy performance certificate to which regulation 9A applies.]

Textual Amendments

F2 Words 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)

F3 Reg. 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)

F4 Words 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)

F5 Word 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)

F6 Reg. 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)

F7 Words 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)

F8 Reg. 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)

F9 Reg. 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)

F10 Word 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

F11 Reg. 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.

[F12 Energy performance certificates in respect of excluded buildings E+W

9A.— (1) This regulation applies where—

(a) a building in relation to which an energy performance certificate is requested to be issued is an excluded building; and

(b) the person who requests the energy performance certificate—

(i) notifies the energy assessor (whether in writing or otherwise) that the building is an excluded building; and

(ii) requests (whether in writing or otherwise) that the energy performance certificate is issued under this regulation.

(2) An energy performance certificate issued under this regulation must—

(a) comply with the requirements set out in subparagraphs (a) to (e) of regulation 9(1), other than the requirement in subparagraph (e)(i) (reference number under which data entered onto register); and

(b) be valid for the purposes of this Part in accordance with paragraph (4).

(3) An energy performance certificate must not contain any information or data (except the address of the building) from which a living individual (other than the energy assessor or energy assessor’s employer) can be identified.

(4) An energy performance certificate issued under this regulation is only valid for the purposes of this Part if—

(a) it was issued 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 issued under this regulation or entered onto the register.

(4) Where this regulation applies, the energy assessor must not enter any data relating to the building onto the register.

(5) Certification for building units 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 building unit in the same block.

(6) Certification 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.]

Textual Amendments

F12 Reg. 9A inserted (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 7

Display of energy performance certificates E+W

10.—(1) This regulation applies to a building, other than a dwelling, which satisfies all the following requirements—

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

(b) it is frequently visited by the public; and

(c) an energy performance certificate has been made available in accordance with—

(i) regulation 6 [F13 or 7A], or

(ii) [F14 in the case of certificate entered on the register before 6th April 2016,] regulation 29(2) M2 of the Building Regulations 2010.

(2) In a building to which this regulation applies, the energy performance certificate must be valid, and must be displayed in a prominent place clearly visible to members of the public who visit the building.

Textual Amendments

F13 Words in reg. 10(1)(c)(i) added (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 8(a)

F14 Words in reg. 10(1)(c)(ii) added (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 8(b)

Marginal Citations

M2 Regulation 29 of the Building Regulations 2010 is amended by S.I. 2012/3119.

Statement of energy performance [F15 rating] E+W

11.—(1) This regulation applies to—

(a) a building having a valid energy performance certificate

(b) a building unit in such a building, and

(c) a building unit having a valid energy performance certificate.

(2) Where a building or building unit to which this regulation applies is offered for sale or rent on or after 9th January 2013 the, [F16 relevant person, or, where applicable, a person acting on behalf of the relevant person, must ensure that the] [F17 energy performance [F18 rating]] of the building expressed in the energy performance certificate [F19 is] stated in any advertisement of the sale or rental in commercial media.

(3) [F20 In this regulation “energy performance [F21 rating] ” means an indication of the energy efficiency of a building or building unit, calculated using the methodology approved by the Secretary of State under regulation 24 of the Building Regulations 2010 and expressed on a scale of A+ to G, (or A to G in the case of a building that is a dwelling), with G representing the least energy efficient rating.]

Textual Amendments

F15 Word in reg. 11 heading substituted (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 9(1)(a)

F16 Words in reg. 11(2) inserted (6.4.2015) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2015 (S.I. 2015/609), regs. 1(1), 2(2)(a)

F17 Words in reg. 11(2) substituted (6.4.2014) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/880), regs. 1(2), 5(a)

F18 Word in reg. 11(2) substituted (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 9(1)(b)

F19 Word in reg. 11(2) substituted (6.4.2015) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2015 (S.I. 2015/609), regs. 1(1), 2(2)(b)

F20 Reg. 11(3) inserted (6.4.2014) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/880), regs. 1(2), 5(b)

F21 Word in reg. 11(3) substituted (6.4.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/284), regs. 1(2), 9(1)(b)

Production of copies of energy performance certificates E+W

12.  Where this Part requires a relevant person to give or make available a valid energy performance certificate to any person, it is sufficient for the relevant person to give or make available a copy of a valid certificate.

Electronic service of energy performance certificates E+W

[F22 13.— (1) A document that is made available or given in accordance with the regulations listed in paragraph (2) may be made available or given electronically if the intended recipient consents to receiving it electronically.

(2) Those documents are—

(a) an energy performance certificate made available in accordance with regulation 6(2);

(b) an energy performance certificate given in accordance with regulation 6(5);

(c) an energy performance certificate given in accordance with regulation 7A(2)(a);

(d) a notice given to a local authority in accordance with regulation 7A(2)(b).]

Textual Amendments

F22 Reg. 13 substituted (1.10.2016) by The Energy Performance of Buildings (England and Wales) (Amendment) (No. 2) Regulations 2016 (S.I. 2016/888), regs. 1(2), 2(3)