The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013
PART 1Introduction
Citation, commencement and interpretation1.
(1)
These Regulations may be cited as the Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 and come into force on 27th January 2013.
(2)
In these Regulations—
Amendment of regulations2.
These Regulations amend the 2010 Regulations and the 2012 Regulations.
PART 2Amendments to the 2010 Regulations
Amendments to the 2010 Regulations3.
The 2010 Regulations are amended in accordance with regulations 4 to 6.
Amendments to regulation 24.
(1)
In regulation 2 (interpretation), paragraph (1) is amended as follows.
(2)
““Green Deal Framework Regulations” means the Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 20125;”.
(3)
““green deal disclosure obligations” means the obligations to provide an energy performance certificate in section 12 of the Energy Act 20116 and Part 7 of the Green Deal Framework Regulations;“green deal property” has the meaning given in section 12(5)(b) of the Energy Act 2011;”.
(4)
““payment period” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations;”.
Amendments to regulation 295.
(1)
(2)
“(e)
where it relates to a building which is a green deal property, include the information specified in Schedule 4A 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.”.
(3)
“(9A)
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 of the Energy Performance of Buildings (England and Wales) Regulations 20128 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.”.
(4)
“(11)
An energy performance certificate must not contain any information relating to a green deal plan for which the payment period has finished.
(12)
In this regulation, “green deal plan” has the meaning given in section 1 of the Energy Act 2011.”.
Green deal information – 2010 Regulations6.
After Schedule 4, insert Schedule 4A as set out in Schedule 1 to these Regulations.
PART 3Amendments to the 2012 Regulations
Amendments to the 2012 Regulations7.
The 2012 Regulations are amended in accordance with regulations 8 to 14.
Amendments to regulation 28.
(1)
In regulation 2 (interpretation), paragraph (1) is amended as follows.
(2)
““Green Deal Framework Regulations” means the Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 20129;”.
(3)
““green deal disclosure obligations” means the obligations to provide an energy performance certificate in section 12 of the Energy Act 201110 and Part 7 of the Green Deal Framework Regulations;“green deal information” means the information about a green deal plan that is required by regulation 9(1)(ea) to be included in an energy performance certificate for a green deal property;”.
(4)
““green deal property” has the meaning given in section 12(5)(b) of the Energy Act 2011;”.
(5)
““green deal relevant person” means a person who is authorised as—
(a)
a green deal provider; or
(b)
a green deal assessor certification body,
in accordance with Part 2 of the Green Deal Framework Regulations;.”.
(6)
““payment period” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations;”.
Amendments to regulation 99.
(1)
Regulation 9 (energy performance certificates) is amended as follows.
(2)
In paragraph (1)(e)(iv) omit “and”.
(3)
“(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”.
(4)
In paragraph (1)(f), after “valid” insert “for the purposes of this Part”.
(5)
“(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.”.
(6)
“(3A)
An energy performance certificate must not contain any information relating to a green deal plan for which the payment period has finished.”.
Amendments to regulation 2710.
(1)
Regulation 27 (registration of certificates etc) is amended as follows.
(2)
“(2A)
Where an energy assessor issues an energy performance certificate relating to a green deal property, the data which the assessor must ensure is entered onto the relevant register in accordance with paragraph (2) includes the green deal information relating to that property.”.
(3)
In paragraph (4)(b), before “shall” insert “subject to paragraph (4A)”.
(4)
“(4A)
The green deal information entered onto the relevant register in respect of a green deal property may be altered in accordance with provision made under section 11(6) of the Energy Act 2011.”.
Amendments to regulation 3011.
(1)
Regulation 30 (disclosure of general access data) is amended as follows.
(2)
In paragraph (1), after “data” insert “which does not relate to a building or a building unit that is a green deal property”.
(3)
“(2A)
The keeper of the register may disclose general access data which relates to a building or a building unit which is a green deal property to—
(a)
any person if the conditions in paragraph (2)(a), (b)(iii), (c) and (d) are met;
(b)
a person who is acting on behalf of another person—
(i)
who is or may be required to comply with the green deal disclosure obligations; or
(ii)
to whom an energy performance certificate is required to be provided pursuant to the green deal disclosure obligations,
if the conditions in paragraph (2)(a), (b)(i) or (ii), (c) and (d) are met.”.
Amendments to regulation 3112.
(1)
In regulation 31 (disclosure of bulk access data), paragraph (2) is amended as follows.
(2)
In sub-paragraph (e) omit “and”.
(3)
“; and
(g)
the data does not include any—
(i)
green deal information; or
(ii)
information revealing the report reference number for an energy performance certificate relating to a green deal property.”.
Amendment to regulation 3213.
“(3)
The keeper of the register may disclose general access data or bulk access data to—
(a)
the Secretary of State;
(b)
a person acting on behalf of the Secretary of State; or
(c)
the Green Deal Ombudsman,
for the purpose of enabling that person to carry out any function under or in connection with Part 8 of the Green Deal Framework Regulations.
(4)
In this regulation, “Green Deal Ombudsman” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations.”.
Green deal information – 2012 Regulations14.
Before Schedule 1, insert Schedule A1 as set out in Schedule 2 to these Regulations.
SCHEDULE 1Green deal information – Amendment to the 2010 Regulations
“SCHEDULE 4AGreen deal information
PART 1Green deal information to be included in energy performance certificates
1.
The information about a green deal plan to be included in an energy performance certificate in accordance with regulation 29(4)(e) of these Regulations is specified in paragraphs 2 to 26.
2.
The date on which the energy performance certificate ceases to be valid for the purposes of complying with the green deal disclosure obligations in accordance with regulation 29(9A).
3.
A statement indicating that a new energy performance certificate should be obtained from the register after the date referred to in paragraph 2.
4.
A statement—
(a)
indicating that improvements have been installed at the green deal property under a green deal plan;
(b)
indicating that the person responsible for paying the electricity bill at the green deal property (“the electricity bill payer”) is required to—
(i)
make the payments in instalments agreed in the green deal plan; and
(ii)
comply with the terms and conditions of the green deal plan; and
(c)
advising the person receiving the energy performance certificate to—
(i)
obtain a copy of the green deal plan; and
(ii)
become familiar with its contents.
5.
A statement indicating—
(a)
that a green deal plan is a type of unsecured loan; and
(b)
whether or not the green deal plan is a regulated consumer credit agreement.
6.
Where the green deal plan is a regulated consumer credit agreement, a statement indicating that—
(a)
the Consumer Credit Act 197411 provides certain protections to the person who is required to make the payments in instalments agreed in the green deal plan;(b)
voluntary early repayment of outstanding credit is permitted but that charges may apply; and
(c)
details of the matters referred to in sub-paragraph (b) can be found in the green deal plan.
7.
Where the green deal plan is not a regulated consumer credit agreement, a statement indicating that—
(a)
voluntary early repayment of outstanding credit may be permitted by the terms and conditions of the green deal plan;
(b)
where voluntary early repayment of outstanding credit is permitted, charges may apply to such a repayment; and
(c)
details of the matters referred to in sub-paragraphs (a) and (b) can be found in the green deal plan.
8.
A statement indicating that—
(a)
the outstanding credit under the green deal plan may have to be repaid early before—
(i)
the electricity supply to the green deal property can be permanently disconnected; or
(ii)
the green deal property can be demolished; and
(b)
details of the matters referred to in sub-paragraph (a) can be obtained from the green deal provider.
9.
Where a term has been included in a green deal plan pursuant to regulation 38 of the Green Deal Framework Regulations, a statement indicating that the green deal provider may be entitled to require early repayment of outstanding credit from a person who is (or has been) required to make the payments in instalments agreed in the green deal plan.
10.
The unique reference number assigned to the green deal plan.
11.
The name of the person (“G”) who is the green deal provider under the green deal plan.
12.
G’s electronic mail address and telephone number.
13.
The date on which the payment period starts and the date on which it finishes.
14.
The amount payable under the green deal plan—
(a)
per day; and
(b)
per annum.
15.
The rate of interest charged under the green deal plan.
16.
A statement indicating whether the interest rate charged under the green deal plan will be fixed for the payment period or will vary.
17.
Where, in accordance with regulation 33(b) of the Green Deal Framework Regulations, the green deal plan provides for the improvement specific instalments to increase during the payment period, a statement indicating by how much and when the instalments will increase.
18.
The estimated first year savings.
19.
Where the green deal property is a domestic property, a statement indicating that—
(a)
the estimated first year savings are based on—
(i)
the assessment of the property that was carried out by the green deal assessor at the time the green deal plan was entered into;
(ii)
the improvements installed under the green deal plan;
(iii)
typical energy use for the green deal property; and
(iv)
current energy prices; and
(b)
a low user of energy may not achieve the estimated first year savings.
20.
Where the green deal property is a non-domestic property, a statement indicating that—
(a)
the estimated first year savings are based on—
(i)
a standard assessment methodology; and
(ii)
the use of the green deal property at the time the green deal assessment was carried out; and
(b)
the estimated first year savings may not be achieved if—
(i)
the green deal property is used in a manner which is different to the use of the property at the time the green deal assessment was carried out; and
(ii)
the recommendations in the green deal assessment regarding energy use at the green deal property are not implemented.
21.
In respect of each improvement installed at the green deal property under the green deal plan—
(a)
a description that is sufficient to identify the improvement; and
(b)
the month and year in which the improvement specific payment period finishes.
22.
A statement advising the person receiving the energy performance certificate—
(a)
to check whether the improvements installed at the green deal property under the green deal plan—
(i)
remain installed;
(ii)
might have been affected by alterations made to the green deal property; and
(iii)
have been maintained in accordance with advice provided by the green deal provider;
(b)
if they become the electricity bill payer, to contact the person who supplies electricity to the green deal property;
(c)
if they become the electricity bill payer, to contact the green deal provider if they—
(i)
intend to alter the green deal property in a manner which might affect the operation of the improvements; or
(ii)
become aware that such alterations have been made.
23.
A statement indicating that—
(a)
the improvements installed under the green deal plan are, under that plan, guaranteed for at least five years; and
(b)
the guarantee provided under the green deal plan may be subject to maintenance and servicing requirements.
24.
A statement indicating that further information is contained in the green deal plan or can be obtained from the green deal provider.
25.
Where G knows or has reasonable cause to believe that an improvement installed at the green deal property under a green deal plan has been removed from the property before the end of the improvement-specific payment period, the following form of wording—
“Improvements installed under the green deal plan may have been removed from the property. You may not realise the estimated savings shown in this EPC. You are advised to check the position with the owner.”
26.
Where G knows or has reasonable cause to believe that an alteration has been made to the green deal property which, had it existed when the estimated first year savings were calculated, would have affected that calculation materially, the following form of wording—
“The property may have been altered in a way which affects the operation of the improvements installed under the green deal plan. You may not realise the estimated savings shown in this EPC. You are advised to check the position with the owner.”
PART 2Interpretation
In this Schedule—
“domestic property” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations;
“estimated first year savings” has the meaning given in regulation 27(1) of the Green Deal Framework Regulations;
“green deal assessment” means, in respect of a green deal property, the assessment carried out by a green deal assessor in accordance with the requirements of regulation 7 of the Green Deal Framework Regulations before the green deal plan was entered into;
“green deal assessor” means a person who is authorised as a green deal assessor by the Secretary of State in accordance with Part 2 of the Green Deal Framework Regulations;
“green deal plan” has the meaning given in section 1 of the Energy Act 2011;
“green deal provider” means a person who is authorised as a green deal provider by the Secretary of State in accordance with Part 2 of the Green Deal Framework Regulations;
“improvement” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations;
“improvement specific instalments” has the meaning given in regulation 30(3)(c) of the Green Deal Framework Regulations;
“improvement-specific payment period” has the meaning given in regulation 30(3)(d) of the Green Deal Framework Regulations;
“non-domestic property” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations; and
“regulated consumer credit agreement” has the meaning given in section 8 of the Consumer Credit Act 1974.”
SCHEDULE 2Green deal information – amendment to the 2012 Regulations
“SCHEDULE A1Green deal information
PART 1Green deal information to be included in energy performance certificates
1.
The information about a green deal plan to be included in an energy performance certificate in accordance with regulation 9(1)(ea) of these Regulations is specified in paragraphs 2 to 26.
2.
The date on which the energy performance certificate ceases to be valid for the purposes of complying with the green deal disclosure obligations in accordance with regulation 9(2A).
3.
A statement indicating that a new energy performance certificate should be obtained from the register after the date referred to in paragraph 2.
4.
A statement—
(a)
indicating that improvements have been installed at the green deal property under a green deal plan;
(b)
indicating that the person responsible for paying the electricity bill at the green deal property (“the electricity bill payer”) is required to—
(i)
make the payments in instalments agreed in the green deal plan; and
(ii)
comply with the terms and conditions of the green deal plan; and
(c)
advising the person receiving the energy performance certificate to—
(i)
obtain a copy of the green deal plan; and
(ii)
become familiar with its contents.
5.
A statement indicating—
(a)
that a green deal plan is a type of unsecured loan; and
(b)
whether or not the green deal plan is a regulated consumer credit agreement.
6.
Where the green deal plan is a regulated consumer credit agreement, a statement indicating that—
(a)
the Consumer Credit Act 197412 provides certain protections to the person who is required to make the payments in instalments agreed in the green deal plan;(b)
voluntary early repayment of outstanding credit is permitted but that charges may apply; and
(c)
details of the matters referred to in sub-paragraph (b) can be found in the green deal plan.
7.
Where the green deal plan is not a regulated consumer credit agreement, a statement indicating that—
(a)
voluntary early repayment of outstanding credit may be permitted by the terms and conditions of the green deal plan;
(b)
where voluntary early repayment of outstanding credit is permitted, charges may apply to such a repayment; and
(c)
details of the matters referred to in sub-paragraphs (a) and (b) can be found in the green deal plan.
8.
A statement indicating that—
(a)
the outstanding credit under the green deal plan may have to be repaid early before—
(i)
the electricity supply to the green deal property can be permanently disconnected; or
(ii)
the green deal property can be demolished; and
(b)
details of the matters referred to in sub-paragraph (a) can be obtained from the green deal provider.
9.
Where a term has been included in a green deal plan pursuant to regulation 38 of the Green Deal Framework Regulations, a statement indicating that the green deal provider may be entitled to require early repayment of outstanding credit from a person who is (or has been) required to make the payments in instalments agreed in the green deal plan.
10.
The unique reference number assigned to the green deal plan.
11.
The name of the person (“G”) who is the green deal provider under the green deal plan.
12.
G’s electronic mail address and telephone number.
13.
The date on which the payment period starts and the date on which it finishes.
14.
The amount payable under the green deal plan—
(a)
per day; and
(b)
per annum.
15.
The rate of interest charged under the green deal plan.
16.
A statement indicating whether the interest rate charged under the green deal plan will be fixed for the payment period or will vary.
17.
Where, in accordance with regulation 33(b) of the Green Deal Framework Regulations, the green deal plan provides for the improvement specific instalments to increase during the payment period, a statement indicating by how much and when the instalments will increase.
18.
The estimated first year savings.
19.
Where the green deal property is a domestic property, a statement indicating that—
(a)
the estimated first year savings are based on—
(i)
the assessment of the property that was carried out by the green deal assessor at the time the green deal plan was entered into;
(ii)
the improvements installed under the green deal plan;
(iii)
typical energy use for the green deal property; and
(iv)
current energy prices; and
(b)
a low user of energy may not achieve the estimated first year savings.
20.
Where the green deal property is a non-domestic property, a statement indicating that—
(a)
the estimated first year savings are based on—
(i)
a standard assessment methodology; and
(ii)
the use of the green deal property at the time the green deal assessment was carried out; and
(b)
the estimated first year savings may not be achieved if—
(i)
the green deal property is used in a manner which is different to the use of the property at the time the green deal assessment was carried out; and
(ii)
the recommendations in the green deal assessment regarding energy use at the green deal property are not implemented.
21.
In respect of each improvement installed at the green deal property under the green deal plan—
(a)
a description that is sufficient to identify the improvement; and
(b)
the month and year in which the improvement specific payment period finishes.
22.
A statement advising the person receiving the energy performance certificate—
(a)
to check whether the improvements installed at the green deal property under the green deal plan—
(i)
remain installed;
(ii)
might have been affected by alterations made to the green deal property; and
(iii)
have been maintained in accordance with advice provided by the green deal provider;
(b)
if they become the electricity bill payer, to contact the person who supplies electricity to the green deal property;
(c)
if they become the electricity bill payer, to contact the green deal provider if they—
(i)
intend to alter the green deal property in a manner which might affect the operation of the improvements; or
(ii)
become aware that such alterations have been made.
23.
A statement indicating that—
(a)
the improvements installed under the green deal plan are, under that plan, guaranteed for at least five years; and
(b)
the guarantee provided under the green deal plan may be subject to maintenance and servicing requirements.
24.
A statement indicating that further information is contained in the green deal plan or can be obtained from the green deal provider.
25.
Where G knows or has reasonable cause to believe that an improvement installed at the green deal property under a green deal plan has been removed from the property before the end of the improvement-specific payment period, the following form of wording—
“Improvements installed under the green deal plan may have been removed from the property. You may not realise the estimated savings shown in this EPC. You are advised to check the position with the owner.”
26.
Where G knows or has reasonable cause to believe that an alteration has been made to the green deal property which, had it existed when the estimated first year savings were calculated, would have affected that calculation materially, the following form of wording—
“The property may have been altered in a way which affects the operation of the improvements installed under the green deal plan. You may not realise the estimated savings shown in this EPC. You are advised to check the position with the owner.”
PART 2Interpretation
In this Schedule—
“domestic property” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations;
“estimated first year savings” has the meaning given in regulation 27(1) of the Green Deal Framework Regulations;
“green deal assessment” means, in respect of a green deal property, the assessment carried out by a green deal assessor in accordance with the requirements of regulation 7 of the Green Deal Framework Regulations before the green deal plan was entered into;
“green deal assessor” means a person who is authorised as a green deal assessor by the Secretary of State in accordance with Part 2 of the Green Deal Framework Regulations;
“green deal provider” means a person who is authorised as a green deal provider by the Secretary of State in accordance with Part 2 of the Green Deal Framework Regulations;
“improvement” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations;
“improvement specific instalments” has the meaning given in regulation 30(3)(c) of the Green Deal Framework Regulations;
“improvement-specific payment period” has the meaning given in regulation 30(3)(d) of the Green Deal Framework Regulations;
“non-domestic property” has the meaning given in regulation 2(1) of the Green Deal Framework Regulations; and
“regulated consumer credit agreement” has the meaning given in section 8 of the Consumer Credit Act 1974.”
These Regulations, which apply to England and Wales, amend the Building Regulations 2010 (S.I. 2010/2214) (“the Building Regulations”) and the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118) (“the Energy Performance of Buildings Regulations”) in connection with the green deal energy efficiency scheme (“the green deal scheme”) created by Chapter 1 of Part 1 of the Energy Act 2011 (c.16.) (“the Act”).
Regulation 1 provides for the commencement of these Regulations and defines terms that are used in the Regulations.
This Part makes amendments to the Building Regulations.
Regulation 4 inserts a number of new definitions in regulation 2 of the Building Regulations relating to the green deal scheme.
Regulation 5 amends regulation 29 of the Building Regulations and regulation 6 inserts a new schedule in those Regulations so that energy performance certificates which are produced under those Regulations and relate to a property where there is a green deal plan are required to include certain information about that plan. Regulation 5 also inserts into regulation 29 provisions relating to the validity of energy performance certificates containing green deal information when those certificates are being used to comply with the green deal disclosure obligations contained in section 12 of the Act and Part 7 of the Green Deal Framework (Disclosure, Acknowledgment, Redress etc.) Regulations 2012 (S.I. 2012/2079) (“the Green Deal Framework Regulations”).
This Part makes amendments to the Energy Performance of Buildings Regulations.
Regulation 8 inserts a number of new definitions in regulation 2 of the Energy Performance of Buildings Regulations relating to the green deal scheme.
Regulation 9 amends regulation 9 of the Energy Performance of Buildings Regulations and regulation 14 insert a new schedule in those Regulations so that energy performance certificates which are produced under those Regulations and relate to a property where there is a green deal plan are required to include certain information about that plan. Regulation 9 also inserts into regulation 9 provisions relating to the validity of energy performance certificates containing green deal information when those certificates are being used to comply with the green deal disclosure obligations referred to above.
Regulation 10 amends regulation 27 of the Energy Performance of Buildings Regulations to ensure that green deal information is added to the EPC register and to allow for the replacement of the green deal information stored on the EPC register when an update to that information is required pursuant to provision made under section 11(6) of the Act.
Regulations 11 to 13 amend regulations 30 to 32 of the Energy Performance of Buildings Regulations to ensure that information about green deal plans is only disclosed by the keeper of the EPC register in appropriate circumstances.
A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sectors is foreseen. However, this instrument forms part of a series of instruments which establish the green deal energy efficiency scheme. A full regulatory impact assessment of the effect that that scheme will have on the costs of business and the voluntary sector is available from the Green Deal Legislation Team, Department of Energy and Climate Change at 3 Whitehall Place, London SW1A 2AW and is published alongside the Framework Regulations on www.legislation.gov.uk.