EU Directive

Background

The 2010 recast of the Energy Performance of Buildings Directive  (2010/31/EU) seeks to clarify certain aspects of the 2002 Directive, extend its scope, strengthen certain provisions, and give the public sector a leading role in promoting energy efficiency.

The objective of the Directive 2002/91/EC on the Energy Performance of Buildings is to promote the energy performance of buildings within the European Community taking into account outdoor climatic and local conditions as well as indoor climate requirements and cost-effectiveness.

The Directive was brought into force on 16 December 2002. Each Member State was required to transpose the provisions into national law by 4 January 2006.

However, the Directive permitted a derogation of three years (up to 4 January 2009) where a Member State had identified a lack of qualified and/or accredited experts to carry out energy assessments and to produce energy performance certificates according to the provisions of Articles 7 and 9.

Implementation of the Directive's requirements will contribute to the EU's carbon emission reduction targets as set out in the Kyoto Protocol (8% reduction between 1990 and 2012) and the Energy Policy for Europe (20% reduction by 2020).

Implementation of the Directive in Northern Ireland

For the UK, implementation of the requirements of the Directive has been on a regional basis as a significant part of compliance required an amendment to the Building Regulations which is a devolved responsibility. Each of the devolved administrations has adopted a similar approach with implementation in three phases:

Phase 1 - Articles 3-6;

Phase 2 - Article 8 and

Phase 3 - Articles 7, 9 and 10.

Phase 1 Articles 3-6

• Article 3 Adoption of a methodology
  
  Calculate the energy performance of a building using a methodology set at a national or regional level.
  
  
• Article 4 Setting of energy performance requirements
  
  Set energy performance requirements for new and refurbished buildings and review these requirements at regular intervals no longer than 5 years apart.
  
  
• Article 5 New buildings
  
  The technical, environmental and economic feasibility of alternative energy systems is to be considered for new buildings with a useful floor area greater than 1,000 m2 before construction commences.
  
  
• Article 6 Existing buildings
  
  Where a building with a useful floor area greater than 1,000m2 is to undergo major renovation, its energy performance is to be upgraded to meet minimum requirements where it is technically, functionally and economically feasible to do so.
  

An amendment to Part F (Conservation of fuel and power) of the Building Regulations, made in August 2006 and which came into operation in November 2006, implemented the requirements of these Articles. Solutions that satisfy the requirements of the Part F requirements are contained in Technical Booklets F1 and F2.

Phase 2 Article 8

Article 8 Inspection of boilers

(a) Boilers with an effective rated output over 20 kW are to be regularly inspected. Boilers older than 15 years (as well as their associated heating system) are to be inspected for efficiency. Following inspection, advice is to be given to the owner on replacement or on modifications to the system that would make the system more energy efficient; or

(b) provision of advice to the owners of boilers that would have the equivalent effect of (a).

The UK opted to provide advice to owners of boilers on the benefits of having regular inspections undertaken rather than to set this as a requirement. The Carbon Trust www.carbontrust.co.uk/default.ct, Energy Saving Trust www.energysavingtrust.org.uk/ and the bodies representing gas and oil fired boilers have so far been providing this advice.

The UK will provide the EU with a biennial report to demonstrate that the effect of providing advice is at least as effective as having regulations in place requiring regular boiler inspections. The first UK "equivalence" report was submitted to the EU in January 2008.

Phase 3 Articles 7, 9 and 10

• Article 7 Energy performance certificate (EPC)
  
  A certificate is to be made available to the owner or to the prospective buyer or tenant when a building is constructed, sold or rented out. The certificate must not be more than 10 years old.
  
  The certificate is to contain reference values such as current legal standards and benchmarks to allow comparison of the energy performance of buildings. It is to be accompanied by recommendations for the cost effective improvement of energy performance.
  
  In buildings over 1,000 m2 where public services are provided to a large number of persons and therefore frequently visited by those persons, a display energy certificate (DEC) has to be prominently displayed in the building. This is valid for 1 year and has to be accompanied by an advisory report (containing recommendations for the improvement of the energy performance of the building) which is valid for 7 years.
  
  
• Article 9 Inspection of air-conditioning systems
  
  Regular inspection of air-conditioning systems with an effective rated output of more than 12 kW for efficiency and sizing compared to the cooling requirements of the building. Provision of appropriate advice to users on possible improvement or replacement of the air-conditioning system and on alternative solutions.
  
  
• Article 10 Independent experts
  
  Assessment of the energy performance of buildings and inspection of air-conditioning systems and the provision of accompanying recommendations and advice is to be undertaken in an independent manner by qualified and/or accredited experts.
  
  The Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008 (as amended) implement the requirements of Phase 3 in Northern Ireland.