UK Statutory Instrument SI 2012 England and Wales

Energy Performance of Buildings (England and Wales) Regulations 2012

These Regulations consolidate the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (“the 2007 Regulations”) with subsequent amendments to them since the 2007 Regulations came into force. The 2007 Regulations enacted for England and Wales requirements of Directive 2002/91/EC of the European Parliament and of the …

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Status
In Force
Penalty ceiling
Prosecution 2 of 27 obligations carry an unlimited fine. 1 carries different penalties and 24 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Operator7 Any Person4 Trader4 Responsible Person3 Occupier1

Plus 8 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Operator — also bound by 746 other Acts
Any Person — also bound by 2340 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Responsible Person — also bound by 108 other Acts
MH(CT)(S)A 2003 30 duties
Occupier — also bound by 235 other Acts
Highways Act 1980 23 duties

What it requires

Regulations creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Introductory

1 of 4 sections shown
s.004 Recommendation reports (opens in a new tab) Regulated
  • Include cost-effective recommendations and validity dates in energy reportsOperator
3 other sections in this Part — procedural and definitional
s.001 Citation, application, extent and commencement (opens in a new tab)
s.002 Interpretation (opens in a new tab)
s.003 Meaning of “prospective buyer or tenant” (opens in a new tab)
Part 2

Duties relating to Energy Performance Certificates

6 of 11 sections shown
s.006 Energy performance certificates on sale and rent (opens in a new tab) Prosecution
  • Provide a free Energy Performance Certificate (EPC) to buyers or tenantsResponsible Person

Fine up to £5,000

s.007 Energy performance certificates on construction Regulated
  • Provide an Energy Performance Certificate (EPC) when a building is builtTrader
s.007 Energy performance certificates on marketing (opens in a new tab) Regulated
  • Secure an Energy Performance Certificate before marketing a propertyAny Person
s.009 Energy performance certificates in respect of excluded buildings Regulated
  • Ensure EPCs for excluded buildings meet specific privacy and data standardsAny Person
s.010 Display of energy performance certificates (opens in a new tab) Regulated
  • Display an Energy Performance Certificate (EPC) in public buildingsTrader
s.011 Statement of energy performance rating (opens in a new tab) Regulated
  • Include energy performance rating in property advertsTrader
5 other sections in this Part — procedural and definitional
s.005 Application of Part 2 (opens in a new tab)
s.008 Buildings to be demolished (opens in a new tab)
s.009 Energy performance certificates (opens in a new tab)
s.012 Production of copies of energy performance certificates (opens in a new tab)
s.013 Electronic service of energy performance certificates (opens in a new tab)
Part 3

Display Energy Certificates

2 of 4 sections shown
s.014 Duties relating to display energy certificates and recommendation reports (opens in a new tab) Regulated
  • Display energy certificates and maintain recommendation reportsOccupier
s.015 Display energy certificates for excluded buildings Regulated
  • Energy assessor must not register data for excluded buildingsOperator
2 other sections in this Part — procedural and definitional
s.015 Display energy certificates (opens in a new tab)
s.016 Change of occupier (opens in a new tab)
Part 4

Inspection of Air-conditioning systems

4 of 6 sections shown
s.019 Reports in respect of excluded buildings Regulated
  • Provide a written report for inspections of excluded buildingsOperator
s.019 Reports (opens in a new tab) Regulated
  • Produce written air-conditioning inspection report after inspectionOperator
s.020 Keeping of records etc (opens in a new tab) Regulated
  • Keep and transfer air-conditioning inspection reportsResponsible Person
s.021 Changes of relevant person (opens in a new tab) Regulated
  • Arrange air conditioning inspection when taking over a systemResponsible Person
2 other sections in this Part — procedural and definitional
s.017 Application and interpretation of Part 4 (opens in a new tab)
s.018 Inspections of air-conditioning systems (opens in a new tab)
Part 5

Energy Assessors

3 of 5 sections shown
s.022 Accreditation schemes (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must ensure energy assessor accreditation schemes are robustCrown / Minister / Government department
s.023 Related party disclosures (opens in a new tab) Regulated
  • Disclose personal or business relationships in energy reportsOperator
s.024 Duty of care (opens in a new tab) Regulated
  • Carry out energy assessments with reasonable care and skillOperator
2 other sections in this Part — procedural and definitional
s.025 Right to copy documents (opens in a new tab)
s.026 Meaning of energy assessment (opens in a new tab)
Part 6

Registration and Disclosure of Data Relating to Certificates and Reports

2 of 9 sections shown
s.027 Registration of certificates etc (opens in a new tab) Regulated
  • Register energy certificates and reports before providing them to clientsOperator
s.029 Disclosure of data: general (opens in a new tab) Prosecution
  • Disclose energy performance data without permissionAny Person

Unlimited fine

7 other sections in this Part — procedural and definitional
s.028 Fees for entering data onto register (opens in a new tab)
s.030 Disclosure of general access data (opens in a new tab)
s.031 Disclosure of bulk access data (opens in a new tab)
s.032 Disclosure by keeper of register (opens in a new tab)
s.033 Fee for disclosure of bulk access data (opens in a new tab)
s.disclosure of assessment data Disclosure of assessment data
s.publication of bulk access data on a website Publication of bulk access data on a website
Part 7

Enforcement

7 of 13 sections shown
s.034 Enforcement and local authority buildings Regulated
Other duties (1) — Crown / regulator
  • Local authorities must arrange for independent enforcement of their own buildingsLocal authority
s.034 Enforcement plans Regulated
Other duties (1) — Crown / regulator
  • Enforcement authorities must create and follow enforcement plansLocal authority
s.034 Annual reports by enforcement authorities Regulated
Other duties (1) — Crown / regulator
  • Enforcement authorities must report annual activity to the Secretary of StateLocal authority
s.034 Enforcement authorities (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must enforce energy performance regulationsLocal authority
s.036 Penalty charge notices (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities may issue penalty charge notices for energy breachesLocal authority
s.039 Reviews (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Enforcement authority must review penalty charge notices upon requestLocal authority
s.043 Offences relating to enforcement officers (opens in a new tab) Prosecution
  • Obstruct or impersonate an enforcement officerAny Person

Unlimited fine

6 other sections in this Part — procedural and definitional
s.035 Power to require production of documents (opens in a new tab)
s.037 Defence when energy performance certificate unobtainable (opens in a new tab)
s.038 Penalty amount (opens in a new tab)
s.040 Appeal to the county court (opens in a new tab)
s.041 Recovery of penalty charges (opens in a new tab)
s.042 Service of documents (opens in a new tab)
Part 8

Miscellaneous

2 of 4 sections shown
s.045 Duty to cooperate (opens in a new tab) Regulated
  • Allow energy assessors access to your buildingTrader
s.047 Review (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Secretary of State must review energy performance regulations every five yearsCrown / Minister / Government department
2 other sections in this Part — procedural and definitional
s.044 Application to the Crown (opens in a new tab)
s.046 Revocations (opens in a new tab)
Schedules

Schedules

0 of 39 shown
39 other schedules
s.001 Citation, application, extent and commencement (opens in a new tab)
s.002 Meanings of regular and large data packs (opens in a new tab)
s.003 Revocation of Regulations (opens in a new tab)
s.sch002 In this Part, “residential property” means premises in England and...
s.sch002 For data from which an energy performance certificate for a...
s.sch002 For data from which an energy performance certificate for a...
s.sch002 For data from which a display energy certificate may be...
s.sch002 For data from which an inspection report may be produced—...
s.schedule a1 para.1 The information about a green deal plan to be included...
s.schedule a1 para.10 The unique reference number assigned to the green deal plan....
s.schedule a1 para.11 The name of the person (“G”) who is the green...
s.schedule a1 para.12 G’s electronic mail address and telephone number.
s.schedule a1 para.13 The date on which the payment period starts and the...
s.schedule a1 para.14 The amount payable under the green deal plan—
s.schedule a1 para.15 The rate of interest charged under the green deal plan....
s.schedule a1 para.16 A statement indicating whether the interest rate charged under the...
s.schedule a1 para.17 Where, in accordance with regulation 33(b) of the Green Deal...
s.schedule a1 para.18 The estimated first year savings.
s.schedule a1 para.19 Where the green deal property is a domestic property, a...
s.schedule a1 para.2 The date on which the energy performance certificate ceases to...
s.schedule a1 para.20 Where the green deal property is a non-domestic property, a...
s.schedule a1 para.21 In respect of each improvement installed at the green deal...
s.schedule a1 para.22 A statement advising the person receiving the energy performance certificate—...
s.schedule a1 para.23 A statement indicating that— (a) the improvements installed under the...
s.schedule a1 para.24 A statement indicating that further information is contained in the...
s.schedule a1 para.25 Where G knows or has reasonable cause to believe that...
s.schedule a1 para.26 Where G knows or has reasonable cause to believe that...
s.schedule a1 para.3 A statement indicating that a new energy performance certificate should...
s.schedule a1 para.4 A statement— (a) indicating that improvements have been installed at...
s.schedule a1 para.5 A statement indicating— (a) that a green deal plan is...
s.schedule a1 para.6 Where the green deal plan is a regulated consumer credit...
s.schedule a1 para.7 Where the green deal plan is not a regulated consumer...
s.schedule a1 para.8 A statement indicating that— (a) the outstanding credit under the...
s.schedule a1 para.9 Where a term has been included in a green deal...
s.schedule b1 para.1 In this Schedule, “residential building” means premises in England or...
s.schedule b1 para.2 For data from which an energy performance certificate for a...
s.schedule b1 para.3 For data from which an energy performance certificate for a...
s.schedule b1 para.4 For data from which a display energy certificate may be...
s.schedule b1 para.5 For data from which an inspection report may be produced,...
2 other provisions
s.green deal information Green deal information
s.specified data items for online publication Specified data items for online publication

Help complying

Guvnor’s practical routes through this instrument.

Building compliance quick check

Fast compliance verification for experienced property managers. Checklist format covering electrical, gas, water, HVAC, lifts, and energy performance requirements.

Building compliance for new property owners

Comprehensive guide to understanding and meeting your legal obligations for building safety, maintenance, and energy performance when you acquire commercial premises.

Start a lettings agency

Compliance requirements for starting a property letting business in the UK

Air conditioning and F-gas compliance

How to comply with air conditioning inspection requirements and F-gas regulations for your business premises. Covers mandatory AC inspections for systems over …

Energy Performance Certificates for business premises

When you need an Energy Performance Certificate for commercial property, the minimum E rating requirement for lettings under MEES, penalties for non-compliance, …
4 more guides that reference this instrument
Meet energy efficiency standards for let properties Run an estate agency: rules for selling property Set up a property letting business Building compliance checklist for business premises

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.