Energy Security Bill factsheet: Power to make or change energy performance of buildings regulations (energy certificates) (updated 31 August 2023)
Updated 1 September 2023
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The UK has around 30 million buildings and includes some of the oldest building stock in Europe. In total, buildings are responsible for around 30% of our national emissions.
Why we are legislating
Following the UK’s departure from the EU, it is necessary that new primary powers are created to permit changes to be made to regulations dealing with the energy performance of buildings, replacing powers lost with the repeal of the European Communities Act 1972 and its section 2(2).
The current regime is derived from EU law and is reflected in England and Wales in the Energy Performance of Buildings (EPB) Regulations 2012.
The EPB framework will need to play an increasingly important role if the UK is to achieve its target for net-zero greenhouse gas emissions by 2050. Energy Certificates, including Energy Performance Certificates (EPCs), provide consumers, building owners and occupiers and third parties with information on the performance of the building stock. This supports effective decisions on improving the energy efficiency of buildings.
How the Bill will achieve this
The Bill includes clauses which will give the Secretary of State, Scottish Ministers and the Department of Finance in Northern Ireland the power to change or make regulations dealing with the energy efficiency of premises to ensure that they are fit for purpose and reflect the UK’s ambitions on climate change. These changes may relate to the assessment, certification and publication of energy certificates including for new buildings and the restriction of the disposal of a building where no such assessment exists. The power also includes the power to impose new civil penalties when certificates are not provided when required by the legislation.
Background
In England and Wales, in 2018, DLUHC and BEIS launched a Call for Evidence which aimed to gather evidence on the effectiveness of EPCs and on the suitability of the current system of EPCs for both their current and emerging uses, and to obtain feedback on suggestions for improvement. In September 2020 the EPC Action Plan was published; this listed a number of priority areas that will be taken forward to ensure that EPCs are fit for the future. Some of these actions will be implemented as part of the changes made to the EPB Regulations 2012.
The Secretary of State plans to consult on several of the proposed changes to the EPB regime and existing regulations in relation to England and Wales in due course. We anticipate introducing the changes resulting from the consultation using these new powers.
FAQ
Will you be consulting?
Yes, in relation to England and Wales, the Secretary of State’s plan is to consult in 2023. (These matters are devolved to Scotland and Northern Ireland.)
Will the regulations made by the Secretary of State under the new primary powers apply to the whole of the UK?
No, they will apply only to England and Wales. The Energy Performance of Premises is devolved to Northern Ireland and Scotland. They will bring forward their own regulations in due course.
Why are you extending the primary power to Northern Ireland and Scotland?
Following the UK’s departure from the European Union, it is necessary that new primary powers are created to permit changes to be made to the Energy Performance of Buildings Regulations in the Energy Bill, replacing powers lost with the repeal of the European Communities Act 1972.
Further information
The following documents are relevant to the measures: