OPINION: REGULATIONS
VISIBLE PERFORMANCE
Further changes to the Energy Performance of Buildings regulations came into force recently. Hywel Davies considers their implications
The Energy Performance of Buildings Directive (EPBD) was
first adopted in 2003, and implemented in stages throughout the UK through both the Building Regulations and, in Scotland, Building Standards, and the Energy Performance of Building (EPB) Regulations. The latest changes to take effect in England and Wales were adopted last year, and came into force on 6 April. These changes require Energy
Performance Certificates (EPCs) to be available within seven days of a property being marketed, and remove the wording that required them to be available before entering into a contract. They also extend the duty to provide an EPC so that both the agent and the seller are liable if there is no certificate. The fine for not providing a certificate is £5,000. There is a provision that where
the ‘responsible person’ (agent or seller) can show that ‘despite using all reasonable efforts’ they have failed to secure an EPC within the seven days, then they have a further 21 days in which to obtain the EPC. The wording of the legislation suggests that just having ordered an EPC is not enough, but that will depend on the view of trading standards officers and, if it is challenged, the courts. But waiting until the parties come to
sign the contracts is clearly no longer within the requirements of the EPB regulations. It is reported that there has been a significant upturn in the number of EPCs being commissioned, but time will tell whether these changes have the desired effect of improving compliance with the Directive. The Directive also requires EU member states across Europe to put in place ‘measures to establish a regular inspection of air conditioning systems of an effective rated output of more than
22 CIBSE Journal May 2012
12 kW’. Legislation has been introduced across the UK requiring building owners or managers to undertake regular inspections of air conditioning systems. These regulations have now been in place for some two or three years, and the principal guidance for the inspections has been contained in CIBSE TM44: 2007. However, the second major change
in the EPB regulations relates to air conditioning inspections. The original regulations created a duty to carry out an inspection and to hold a report. Unfortunately, compliance with this requirement has been so patchy that it is estimated that as few as one in 20 systems have compliant reports in place, when they should all have been inspected by the start of 2011. Since the original light touch approach has clearly not been effective, the Regulations now require that, as of April 6, the reports are to be lodged using an approved report template on the national register operated by Landmark. To coincide with the introduction
of statutory lodgement, to incorporate the experience gained over the past three years, and to clarify some of the questions that have arisen around aircon inspections, CIBSE TM44 has been revised. The revision also takes into account the requirements for reporting using an approved report template. The revision has also provided the opportunity to incorporate the separate legislative requirements for Northern Ireland and Scotland in the main text of the TM, rather than as separate addenda as they have previously been. The revised TM44 provides guidance on conducting an air conditioning inspection to satisfy the requirements of the Directive as expressed in the various regulations in the UK. The focus is on systems that use refrigerants to produce cooling.
Some of the guidance may also be applicable to elements of other forms of cooling systems, such as those that use pipes or ducts built into the fabric of the building (eg, cooled deck or ceiling slabs), or those which use aquifers or local water sources to provide cooling. The guidance is primarily intended
to support inspections that are carried out for compliance with the EPBD, but it is also relevant and useful to anyone who wishes to assess the energy efficiency of an air conditioning system. However, it does not address other statutory inspection requirements, such as those required in relation to preventing legionella, or those covering any health and safety requirements. Nor does it cover inspection under the F-Gas Regulation and associated requirements, as all these are outside the scope of the EPBD.
CIBSE TM44 is available online for free to CIBSE members through the Knowledge Portal, where printed copies can also be purchased (with discounts for members):
www.cibseknowledgeportal.co.uk
l HYWEL DAVIES is technical director of CIBSE
www.cibse.org
It is reported that there has been a significant upturn in the number of EPCs being commissioned, but time will tell whether these changes have the desired effect of improving compliance with the Directive
THE EPB REGULATIONS
The EPBD was first adopted in 2003. The recast adopted in 2011 came into force on 1st February 2012, with implementation in phases until 2015. The EPB Regulations 2011 were made in October 2011 and came into force on 6 April 2012, amending the original 2008 regulations. For the full text of the Directive, go to
http://eur-lex.europa.eu/ LexUriServ/
LexUriServ.do?uri =OJ:L:2010:153:0013:0035:EN: PDF. For the regulations go to
http://www.legislation.gov.uk/ uksi/2011/2452/contents/made
www.cibsejournal.com
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