The Energy Performance of Buildings (Certificates and Inspection) (Amendment) Regulations 2014 were made on 24th February 2014 to respond to outstanding requirements of the (recast) Directive on the Energy Performance of Buildings 2012/31/EU . A subsequent amendment, the Energy Performance of Buildings (Certificates and Inspections) (Amendment) Regulations 2016, makes further minor legislative clarifications, with no impact on industry or previous working practices.

Background

A recast of the Energy Performance of Buildings Directive published in May 2010 seeks to clarify certain aspects of the 2003 Directive, extend its scope, strengthen certain provisions, and give the public sector a leading role in promoting energy efficiency.  DFP progressed amendments to the Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008 to implement the new requirements of this Directive.

The 2002 Directive

The 2002 Directive (2002/91/EC) was implemented on a phased basis. Articles 3-6 were implemented in phase 1, Article 8 in phase 2 and Articles 7, 9 and 10 in phase 3.

An amendment of Part F (Conservation of fuel and power) of the Building Regulations, made in August 2006 and which came into operation in November 2006, implemented the requirements of Articles 3-6 in phase 1.

To meet the requirements of Article 8 in phase 2, the UK opted to provide advice to owners of boilers on the benefits of having regular inspections undertaken rather than to set this as a requirement in law.  The Carbon TrustEnergy Saving Trust and the bodies representing gas and oil fired boilers have so far been providing this advice.

The Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008 implemented the requirements of phase 3 in Northern Ireland.

The 2010 Directive

The 2010 Directive (2010/31/EU) has been implemented in Northern Ireland through the Energy Performance of Buildings (Certificates and Inspections (Amendment) Regulations (Northern Ireland) 2013.  These regulations amend the 2008 Regulations to implement Articles 4, 11, 12, 13 and 16 and 27 of th 2010 Directive.  

The Energy Performance of Buildings (Certificates and Inspections)(Amendment) Regulations (Northern Ireland) 2014 which came into operation on 25 February 2014, implement Articles 2(9), 11(2)(a), 11(2)(b), 11(3) and 13(2) of the Directive.

Other amendments

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