Legal Recasting the EPBD
The Energy Performance of Buildings Directive (EPBD) has been revised. Hywel Davies looks at what might be in store when the new provisions are implemented in the UK
T
he EPBD was adopted in 2003, and whilst it has been fully implemented into the various UK regulations, compliance is very patchy. The ‘recast’ of the directive aims to clarify
the original document and extend its scope, whilst reducing the variations in its implementation among EU member states. Its provisions cover energy used for space and hot water heating, cooling, ventilation, and lighting for new and existing residential and non- residential buildings. The directive sets a target for all new buildings to
be ‘nearly zero-energy buildings’ by the end of 2020, including existing buildings undergoing major renovation (Article 9). The cash-strapped public sector in the UK is expected to lead the way and achieve this by the end of 2018. On the face of it, the UK
• For existing buildings the minimum energy performance requirements for new buildings also apply when a ‘major renovation’ is to be carried out, with no threshold floor area (Article 7);
• Member states must list financial incentives for ‘nearly zero’ energy buildings (Article 10);
• Public buildings over 500 sq m will have to display energy performance certificates (EPCs) from 2012-13, and five years later that drops to 250 sq m. Additionally, EPCs will provide detailed recommendations for improvements (Articles 11 to 13);
The long-awaited definiton of zero
goals of achieving zero carbon homes by 2016 and zero carbon non-domestic buildings by 2019 will meet this target. However, as no definition of ‘nearly zero’ is given, there will be national interpretations. It remains to be seen: a) whether existing national rules for very low or zero energy buildings will suffice; and b) how these rules will have to be met alongside the renewable energy requirements, which also have to be achieved by 2020. The long-awaited definition of ‘zero carbon’ for
England and Wales will seek to answer the first issue; the policy on renewables, including the proposed Renewable Heat Incentive and feed-in tariffs, will aim to address the latter. There are a number of other developments in the new
version of the EPBD, which include: • Provision of a comparative methodology for calculating cost-optimal levels of energy performance, taking into account life-cycle costing (Article 5);
• Member states will have to calculate minimum energy requirements according to the above mentioned benchmarking methodology (Article 4);
24 CIBSE Journal September 2010
carbon will seek to address the question of interpretation
• There are some changes to the rules for boiler and air conditioning inspections and reports (Articles 14-16) and to the rules for independent experts and controls over certificates and inspection reports (Articles 17 to 18);
• Member states must undertake a programme of public awareness and communication to tell owners or tenants about certification
and inspection and the opportunities to improve energy performance (Article 20); and
• Member states will set rules on penalties applicable for non-compliance (Article 27). There have already been many questions about when the new requirements in the directive will take effect. Apart from the ‘nearly zero’ target by 2020, most other requirements must be implemented by member states between July 2012 and January 2013. One aspect of particular interest to those engaged
in energy assessment and building regulations is the requirement in Article 27 relating to penalties. These must be set by member states by January 2013, and ‘must be effective, proportionate and dissuasive’. Given the widespread view that it is considered cheaper to risk a fine than pay for an air conditioning system inspection, there is going to be an interesting debate to be had about this particular requirement. l
Hywel Davies is technical director of CIBSE.
DOWNLOAD Directive 2010/31/EU of the European Parliament and of the Council of 19 May 2010 on the energy performance of buildings (recast) was published in the Official Journal of the European Union on 18th June 2010. The full text of the Directive can be downloaded from
www.cibse.org/epbdrecast CIBSE is preparing a briefing on the recast, in collaboration with the Association for the Conservation of Energy. This will also be available on the link above from early September.
www.cibsejournal.com
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