1. Legislative Update Northgate Energy Assessor Accreditation Scheme Continual Professional Development Version 2.0, Issue Date: 10 th September 2008 CPD Hours: 1

2. CPD – Legislative Update v2.0 10/09/08 (9.82) Background to EPCs  Energy Performance of Building Directive (EPBD) was passed as a result of EU ratification of the Kyoto protocol  EPBD aims are to:  Define a methodology of calculating the energy performance of buildings  Set minimum requirements for energy performance on new buildings / those under major renovation and large existing buildings  Provide information to purchasers / tenants about the relative energy efficiency of a property (dwelling or non-dwelling). Relative means against a benchmark national value.

3. CPD – Legislative Update v2.0 10/09/08 (9.82) UK Implementation of EPBD  The British Parliament and the Regional Assemblies are implementing articles of the EPBD via a number of areas:  Climate change bill  Publication of national calculation methodology SAP for new dwellings Rd SAP for existing dwellings SBEM / DSM for non dwellings DEC for Display Energy Certificates  Building regulations approved documents (L1a & b, L2a & b, F) include interpretation of EPBD articles  Housing Act 2004 (related to HIPs)  Statutory instrument for England &Wales is the “Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007”. There is an equivalent instrument for Northern Ireland and Scotland.

4. CPD – Legislative Update v2.0 10/09/08 (9.82) Energy Performance of Buildings - Exclusions  Buildings used primarily or solely as a place of Worship  Temporary buildings (planned time of use of two yrs or less)  Industrial sites, workshops and non residential agricultural buildings with low energy demand  Stand alone buildings of floor area less than 50m 2 that are NOT dwellings  The EPC does NOT need to be supplied if the construction of the building has not been completed  EPCs are not required if the building is to be demolished (this has to be demonstrated via the various building regs / planning permission)

5. CPD – Legislative Update v2.0 10/09/08 (9.82) Definitions  Who is a buyer or tenant?  Someone who requests information about a building from the relevant person or their agents for the purpose of deciding whether to buy or rent the building  Someone who requests to view the building for the reason as above  Someone who makes an offer (oral or written) to buy or rent the building  A building is “a roofed construction having walls, for which energy is used to condition the indoor climate; a building may refer to the building as a whole or parts thereof that have been designed or altered to be used separately”

6. CPD – Legislative Update v2.0 10/09/08 (9.82) EPC Timetable: England & Wales (Domestic)  All domestic properties for sale require an EPC before completion  The EPC is now valid for 3 years as per the September changes in regulations - NOTE THIS WAS 12 MONTHS  All domestic properties require an EPC ON CONSTRUCTION  Related to building regulations  On-construction energy assessors must produce the EPC  From 1 st October 2008 all domestic properties FOR SALE require an EPC even if they are already on the market and did not previously need an EPC  From 1 st October 2008 all domestic properties FOR RENT require an EPC on first change of tenancy.  This is private and social sectors  The EPC is valid for 10 years  http://www.communities.gov.uk/documents/planningandbuildin g/pdf/circular062008.pdf for full details of the amendments dated 4 th September 2008 http://www.communities.gov.uk/documents/planningandbuildin g/pdf/circular062008.pdf

7. CPD – Legislative Update v2.0 10/09/08 (9.82) EPC Timetable: England & Wales (Commercial)  Phased implementation  All non domestic buildings for sale, rent or on- construction more the 2500m 2 require an EPC  The requirement for all buildings will be introduced from 1 st October 2008 (on a trigger event)  The EPC is valid for 10 years  Non domestic (commercial) energy assessors must produce the EPC  Three levels of assessor (3,4 &5) for different complexity of building  Display Energy Certificates (DECs) are also part of the EPBD for public buildings and are required from October 2008

8. CPD – Legislative Update v2.0 10/09/08 (9.82) EPC Timetable: Northern Ireland  Statutory Instrument is the “The Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland)” 2008  http://www.opsi.gov.uk/sr/sr2008/pdf/nisr_20080170_en.pdf http://www.opsi.gov.uk/sr/sr2008/pdf/nisr_20080170_en.pdf  Commencement dates are:  Dwellings: For Sale - 30th June 2008 New builds - 30th September 2008 Rental - 30th December 2008  Buildings other than Dwellings: For Sale - 30th December 2008 New Builds - 30th September 2008 Rental - 30th December 2008

9. CPD – Legislative Update v2.0 10/09/08 (9.82) EPC Timetable: Scotland  Statutory Instrument is the “The Building (Scotland) Amendment Regulations 2007” http://www.opsi.gov.uk/legislation/scotland/ssi2007/ssi_20070 166_en_1 http://www.opsi.gov.uk/legislation/scotland/ssi2007/ssi_20070 166_en_1  Commencement dates are:  Dwellings: New builds – 1 st May 2007 For Sale – 1 st December 2008 –The EPC is provided with the Home Pack issued under the Single Survey Rental – 4 th January 2009  Buildings other than Dwellings: New builds – 1 st May 2007 For Sale – 4 th January 2009 Rental – 4 th January 2009  A separate CPD module will be issued for Scotland in Autumn 2008

10. CPD – Legislative Update v2.0 10/09/08 (9.82) Energy Assessors & EPCs  An EPC must be “issued by an Energy Assessor who is accredited to produce and EPC for that category of building”  An in England, Wales & Northern Ireland an Energy Assessor “must be a member of an accreditation scheme approved by the Secretary of State”. In Scotland an assessor must belong to a protocol organisation (Northgate is one)  Accreditation schemes are limited to the categories of buildings for which members may produce EPCs  Accreditation schemes MUST ensure its members:  Are fit and proper persons to undertake energy assessments  Operate under an appropriate code of conduct  Are Qualified to undertake energy assessments  Have suitable indemnity cover And in addition they MUST  Operate procedures that ensure consistency and accuracy of assessments  Have active QA procedures  Facilitate resolution of complaints against members  Operate disciplinary procedures  Maintain a register of members  Is an organisation that has financial stability / probity

11. CPD – Legislative Update v2.0 10/09/08 (9.82) Energy Assessor Obligations  Each EA has been issued with the code of conduct, T&Cs, complaints and disciplinary documents on accreditation  The Accreditation Scheme will monitor DEAs against the code  Via householder survey, accompanied visits and complaints  What is in the Code of Conduct?  Covers professional behaviour, confidentiality of information, discrimination, essential items such as PII, records and CPD  DEAs must inform the scheme if any of their details or circumstances change  DEAs must only work within their level of technical competence  Must notify the scheme of ALL complaints and escalate to us if it can not be resolved  Must notify the scheme if you have a concern about another member  Covers conflict of interest when conducting an Energy Assessment

12. CPD – Legislative Update v2.0 10/09/08 (9.82) Responsibilities: The Energy Assessor  The Energy Assessor shall  Follow the Code of conduct  Comply with the complaints and disciplinary policies (and any decisions arising from them)  Keep “full and detailed” records of work activities as a EA for the duration of membership AND for 6 year thereafter Records / other documentation may be requested (and must be provided) by the scheme  Notify us if you become a member of another Scheme (or cease to be a member)  Keep up to date and develop expertise via CPD / lifelong learning  Arbitration is allowed for via the Chartered Institute of Arbitrators  Allow the scheme (or representatives) to conduct quality audits on EPCs including accompanied and re-visits

13. CPD – Legislative Update v2.0 10/09/08 (9.82) Responsibilities: Northgate Scheme  Northgate shall  Operate the scheme in accordance with the appropriate government guidelines  Provide the rdSAP software and lodgement mechanism in accordance with the register provider  In accordance with Data Protection laws hold information about EAs We are a Data Controller and take great care of your personal data Our accreditation scheme is certified to ISO27001 standard

14. CPD – Legislative Update v2.0 10/09/08 (9.82) Questions 1.What are the origins of the introduction of EPCs? 2.Which government departments are responsible? 3.How long are domestic “For Sale” and “rental” EPCs valid for in England & Wales? 4.What is the enforcement date for rental properties in England & Wales, Northern Ireland and Scotland? 5.List 3 examples of properties excluded from EPC regulations 6.Explain the difference between an Asset rating and an Operational rating Name:Assessor No:  Please complete the answers to the questions and forward to the Northgate Accreditation scheme (dea@northgate-is.com)