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Under this legislation it is the responsibility of every occupier of a building affected by these Regulations to display a DEC in a prominent place clearly visible to the public, from 1 October 2008 unless there are exceptional circumstances. Action is required now to ensure annual energy information is available by 1 October 2008.
This obligation was introduced by law1 and is to be enforced by Trading Standards Officers.
A Display Energy Certificate shows the energy performance of a building based on actual energy consumption as recorded annually over periods up to the last three years. DECs need to be updated each year. Property managers affected by this law will need to have annual energy meter readings and are advised to start collecting meter readings now to ensure they have sufficient data ready for 1 October 2008.
1 SI 2007:991 The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) 2007.
Only buildings occupied or part occupied either by a public authority or an institution, that provides a public service, and expect to be visited by the public to a large number of persons and who are therefore frequently visited by those persons, and with a total useful floor area1 greater than 1000m2 are affected by this legislation.
Where a building is partly occupied by a public authority or a relevant institution, the authority or institution is responsible for displaying a DEC and having a valid advisory report. Other private organisations occupying the building, irrespective of the size they occupy, do not need to display a DEC.
1 The Total useful floor area is defined as the total area of all enclosed spaces measured to the internal face of the external walls. Included are areas of sloping surfaces such as staircases, galleries, raked auditoria, and tiered terraces where the area taken is from the area on the plan. Excluded are areas that are not enclosed such as open floors, covered ways and balconies.
If you are affected by this legislation and are required to display a DEC by 1 October 2008, you should start collecting energy consumption data now. You will need to obtain actual meter readings or consignment notes for all fuels used in your buildings that are affected by this legislation. This may include gas fuels, oil fuels, solid fuels, district heating and cooling, grid electricity and electricity generated on site or obtained by private distribution systems from other sites.
For district heating and cooling and electricity generated on site, or obtained by private distribution systems from other sites, you will also need to obtain the average carbon factor for the service over the accounting period e.g. in kg of carbon dioxide per kWh delivered
You can obtain this information from a number of sources:
For affected buildings that are on a site or campus, energy metering information can be collected at site level rather than building level. Although multiple small buildings on a campus where each building is less than 1000m2 are excluded, if these buildings are linked to one another by a heated space or are served by the same heating or cooling system then a DEC is required. The energy consumption for each separate building or each group of linked buildings with total useful floor area1 exceeding 1000m2, will then be derived by proportioning on the basis of floor area.
1 The Total useful floor area is defined as the total area of all enclosed spaces measured to the internal face of the external walls. Included are areas of sloping surfaces such as staircases, galleries, raked auditoria, and tiered terraces where the area taken is from the area on the plan. Excluded are areas that are not enclosed such as open floors, covered ways and balconies.
It is the responsibility of the public authority or relevant institution providing a public service to display a DEC in each of their buildings affected by the legislation and have in their possession a valid Advisory Report for each of these buildings which conveys recommendations to improve energy performance.
If you are required to display a DEC, by 1 October 2008 you need to:
Under this new legislation the occupier of an affected building must:
From 1 October 2008 you will need to display a DEC with Operational and Asset Ratings and have in your possession an Advisory Report. If you occupy a building after 1 October 2008 you may not yet be in possession of an Energy Performance Certificate (EPC), which is required for the sale, rent or construction of commercial buildings > 10,000m2 from 6 April 08, commercial buildings >2,500m2 from 1 July 2008 and all other buildings from 1 October 2008. Without an EPC you will not have an Asset Rating.
If you are a new occupier, or have been in occupation for less than 15 months by 1 October 2008, you may not have the annual fuel meter readings available which are required for an Operational Rating. The legislation makes provisions for these cases.
DECs must be renewed every 12 months. Also consult this chart at renewal to check what is required.
An Energy Assessor, accredited to produce display energy certificates for that type of building, is the only person who can produce a DEC and Advisory Report for your building. They will use the approved calculation method for Operational Ratings mentioned above.
Firstly the energy consumption data you provide will be reviewed by the assessor in line with the approved method. Adjustments may be made for occupancy, intensity of use, special energy uses, weather and climate.
The carbon dioxide emissions for the certificate are based on the adjusted energy consumption and total useful floor area1 and building type to give a measured CO 2 emission per square metre.
The assessor will then produce a DEC and an Advisory Report from this information in line with the approved method. The DEC will need to be lodged in a national register by the assessor and given a unique certificate reference number.
1 The Total useful floor area is defined as the total area of all enclosed spaces measured to the internal face of the external walls. Included are areas of sloping surfaces such as staircases, galleries, raked auditoria, and tiered terraces where the area taken is from the area on the plan. Excluded are areas that are not enclosed such as open floors, covered ways and balconies.
A DEC must contain, by law1, the following information:
The DEC will also show the unique certificate reference number, the address of the building, the total useful floor area2 of the building, the name of the energy assessor, their employer (or trading name if self employed), the name of their accreditation scheme and the date when the DEC was issued. The DEC must be accompanied by an Advisory Report. DECs are valid for 12 months, Advisory Reports 7 years.
1 SI 2007:991 The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) 2007.
2 The Total useful floor area is defined as the total area of all enclosed spaces measured to the internal face of the external walls. Included are areas of sloping surfaces such as staircases, galleries, raked auditoria, and tiered terraces where the area taken is from the area on the plan. Excluded are areas that are not enclosed such as open floors, covered ways and balconies.
The Advisory Report will contain recommendations for improving the energy performance of the building. A DEC is valid for 12 months and needs to be updated annually. The accompanying Advisory Report is valid for 7 years.
Civil law applies and Weights and Measures Authorities (usually Trading Standards) have the duty of enforcement.
They can act on complaints from the public or make random investigations. If the authorities believe you are affected by the regulations, they can request you produce the relevant documents. You must provide this information within 7 days of the request. They may take copies of any document you provide for inspection.
Failure to comply with their request or the regulations may result in the issue of a penalty charge notice. Penalty charge notices can only be issued within 6 months of the date a DEC and advisory report was required.
The penalty is £500 for failing to display a DEC at all times in a prominent place clearly visible to the public and £1,000 for failing to have possession of a valid advisory report. In addition to these penalties, it is still necessary to commission the documents.
If you can demonstrate that you have taken all reasonable steps to avoid breaching the regulations, then the penalty charge notice may be withdrawn.
If you believe the penalty charge notice should not have been given you can request a review. If you are not satisfied with the outcome of the review you may appeal to the county court within 28 days after you received notice confirming the penalty charge notice.
Details of the qualifications, training and accreditation required for anyone wishing to produce DECs and Advisory Reports can be found from the energy assessment pages. It is expected that many will have prior learning and experience that will be eligible for consideration when it comes to satisfying accreditation scheme operators. However it will also be possible for new entrants into energy assessment to obtain appropriate training if necessary and to sit national examinations.
It is anticipated that many public authorities and institutions affected by this legislation will wish to train employees as energy assessors. This is permissible as long as the employees are members of accreditation schemes. Another option would be to retain private accredited energy assessors.
The arrangements being announced allow a single site based DEC and AR to be prepared that covers all the qualifying buildings for the whole site. These are being introduced to allow those organisations with a large number of affected buildings on one site to get ready in time for 1 October 2008.
No. This is a temporary provision lasting one year. After a year, each qualifying building should have its own DEC and AR, valid for 12 months and seven years respectively.
Site based DECs and ARs are allowed if a site has metering at site level. If a building has its own meter, it should have its own DEC and AR.
No. Guidance will be issued shortly to energy assessors to enable them to use the existing software to produce site based DECs.
This is a temporary provision lasting one year. After a year, each qualifying building should have its own DEC and AR, valid for 12 months and seven years respectively.
The AR is site based and generic for the first year. It must, however, include a recommendation to get an AR for each qualifying building after the first year. After this, there should be an AR for each qualifying building, which will then be valid for seven years.
Yes. There is only one lodgement, with one DEC and AR to cover the whole site and all the qualifying buildings. It will require a site address.
A copy of the site based DEC should be displayed on every qualifying building on the site.
No. The assessor must be an accredited DEC assessor.
No, but additional guidance will be provided.
Only buildings visited by the public that are > 1000 sq m require a DEC. Buildings that are readily accessible to the public and visited frequently (i.e. for meetings etc) on a campus will require a DEC. Buildings that are not e.g. restricted access research labs do not.
Yes. Friends and relatives will normally visit Halls of Residence and therefore a DEC will be required. Likewise a Local Authority care home where friends and relatives visit will require a DEC.
These phrases appear in the European directive and no further definition is provided. For an institution to qualify as a public service, criteria is provided in the published DEC guidance. With regard to large numbers of persons and frequently visited, it is sufficient for to have a few visitors a week to a building for an occupier to qualify. Conversely, a large number once a year, e.g. a military air show on a site normally closed to the public, would not qualify, nor would the one person making frequent visits.
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