Legislative UpdateNorthgate Energy Assessor Accreditation Scheme

Continual Professional Development

Version 2.0, Issue Date: 10th September 2008

CPD Hours: 1

CPD – Legislative Update v2.0 10/09/08 (9.82)

Background to EPCs

Energy Performance of Building Directive (EPBD) was passed as a result of EU ratification of the Kyoto protocol

EPBD aims are to: Define a methodology of calculating the energy

performance of buildings Set minimum requirements for energy

performance on new buildings / those under major renovation and large existing buildings

Provide information to purchasers / tenants about the relative energy efficiency of a property (dwelling or non-dwelling). Relative means against a benchmark national value.

CPD – Legislative Update v2.0 10/09/08 (9.82)

UK Implementation of EPBD

The British Parliament and the Regional Assemblies are implementing articles of the EPBD via a number of areas:

Climate change bill Publication of national calculation methodology

• SAP for new dwellings• Rd SAP for existing dwellings• SBEM / DSM for non dwellings• DEC for Display Energy Certificates

Building regulations approved documents (L1a & b, L2a & b, F) include interpretation of EPBD articles

Housing Act 2004 (related to HIPs) Statutory instrument for England &Wales is the

“Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007”. There is an equivalent instrument for Northern Ireland and Scotland.

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Energy Performance of Buildings - Exclusions Buildings used primarily or solely as a place of Worship Temporary buildings (planned time of use of two yrs or

less) Industrial sites, workshops and non residential agricultural

buildings with low energy demand Stand alone buildings of floor area less than 50m2 that are

NOT dwellings The EPC does NOT need to be supplied if the construction

of the building has not been completed EPCs are not required if the building is to be demolished

(this has to be demonstrated via the various building regs / planning permission)

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Definitions

Who is a buyer or tenant? Someone who requests information about a building

from the relevant person or their agents for the purpose of deciding whether to buy or rent the building

Someone who requests to view the building for the reason as above

Someone who makes an offer (oral or written) to buy or rent the building

A building is “a roofed construction having walls, for which energy is used to condition the indoor climate; a building may refer to the building as a whole or parts thereof that have been designed or altered to be used separately”

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EPC Timetable: England & Wales (Domestic) All domestic properties for sale require an EPC before

completion The EPC is now valid for 3 years as per the September

changes in regulations - NOTE THIS WAS 12 MONTHS All domestic properties require an EPC ON

CONSTRUCTION Related to building regulations On-construction energy assessors must produce the

EPC From 1st October 2008 all domestic properties FOR SALE

require an EPC even if they are already on the market and did not previously need an EPC

From 1st October 2008 all domestic properties FOR RENT require an EPC on first change of tenancy.

This is private and social sectors The EPC is valid for 10 years

http://www.communities.gov.uk/documents/planningandbuilding/pdf/circular062008.pdf for full details of the amendments dated 4th September 2008

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EPC Timetable: England & Wales (Commercial) Phased implementation

All non domestic buildings for sale, rent or on-construction more the 2500m2 require an EPC

The requirement for all buildings will be introduced from 1st October 2008 (on a trigger event)

The EPC is valid for 10 years Non domestic (commercial) energy assessors must

produce the EPC Three levels of assessor (3,4 &5) for different

complexity of building Display Energy Certificates (DECs) are also part of

the EPBD for public buildings and are required from October 2008

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EPC Timetable: Northern Ireland

Statutory Instrument is the “The Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland)” 2008

http://www.opsi.gov.uk/sr/sr2008/pdf/nisr_20080170_en.pdf

Commencement dates are: Dwellings:

• For Sale - 30th June 2008• New builds - 30th September 2008 • Rental - 30th December 2008

Buildings other than Dwellings:• For Sale - 30th December 2008• New Builds - 30th September 2008• Rental - 30th December 2008

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EPC Timetable: Scotland Statutory Instrument is the “The Building (Scotland)

Amendment Regulations 2007” http://www.opsi.gov.uk/legislation/scotland/ssi2007/ssi_20070166_en_1

Commencement dates are: Dwellings:

• New builds – 1st May 2007• For Sale – 1st December 2008

– The EPC is provided with the Home Pack issued under the Single Survey

• Rental – 4th January 2009 Buildings other than Dwellings:

• New builds – 1st May 2007• For Sale – 4th January 2009• Rental – 4th January 2009

A separate CPD module will be issued for Scotland in Autumn 2008

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Energy Assessors & EPCs An EPC must be “issued by an Energy Assessor who is accredited to

produce and EPC for that category of building” An in England, Wales & Northern Ireland an Energy Assessor “must be a

member of an accreditation scheme approved by the Secretary of State”. In Scotland an assessor must belong to a protocol organisation (Northgate is one)

Accreditation schemes are limited to the categories of buildings for which members may produce EPCs

Accreditation schemes MUST ensure its members: Are fit and proper persons to undertake energy assessments Operate under an appropriate code of conduct Are Qualified to undertake energy assessments Have suitable indemnity cover

And in addition they MUST Operate procedures that ensure consistency and accuracy of

assessments Have active QA procedures Facilitate resolution of complaints against members Operate disciplinary procedures Maintain a register of members Is an organisation that has financial stability / probity

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Energy Assessor Obligations Each EA has been issued with the code of conduct, T&Cs,

complaints and disciplinary documents on accreditation The Accreditation Scheme will monitor DEAs against the code

Via householder survey, accompanied visits and complaints What is in the Code of Conduct?

Covers professional behaviour, confidentiality of information, discrimination, essential items such as PII, records and CPD

DEAs must inform the scheme if any of their details or circumstances change

DEAs must only work within their level of technical competence

Must notify the scheme of ALL complaints and escalate to us if it can not be resolved

Must notify the scheme if you have a concern about another member

Covers conflict of interest when conducting an Energy Assessment

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Responsibilities: The Energy Assessor

The Energy Assessor shall Follow the Code of conduct Comply with the complaints and disciplinary policies (and

any decisions arising from them) Keep “full and detailed” records of work activities as a EA

for the duration of membership AND for 6 year thereafter• Records / other documentation may be requested

(and must be provided) by the scheme Notify us if you become a member of another Scheme (or

cease to be a member) Keep up to date and develop expertise via CPD / lifelong

learning Arbitration is allowed for via the Chartered Institute of

Arbitrators Allow the scheme (or representatives) to conduct quality

audits on EPCs including accompanied and re-visits

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Responsibilities: Northgate Scheme

Northgate shall Operate the scheme in accordance with the

appropriate government guidelines Provide the rdSAP software and lodgement

mechanism in accordance with the register provider

In accordance with Data Protection laws hold information about EAs • We are a Data Controller and take great

care of your personal data• Our accreditation scheme is certified to

ISO27001 standard

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Questions

1. What are the origins of the introduction of EPCs?

2. Which government departments are responsible?

3. How long are domestic “For Sale” and “rental” EPCs valid for in England & Wales?

4. What is the enforcement date for rental properties in England & Wales, Northern Ireland and Scotland?

5. List 3 examples of properties excluded from EPC regulations

6. Explain the difference between an Asset rating and an Operational rating

Name: Assessor No:

Please complete the answers to the questions and forward to the Northgate Accreditation scheme (dea@northgate-is.com)