David Thomas QC, Miles Keeping and Anthony Lavers review the Energy Performance of Buildings Regulations
The Energy Performance of Buildings (Certificates and Inspections) Regulations 2007 (SI 2007/991) (the EPB regulations) and the Home Information Pack Regulations 2007 (SI 2007/992) (the HIP regulations) are the two statutory instruments that the government has introduced to implement the EU’s Energy Performance of Buildings Directive 2002/91/EC (the Directive). They are significant because when, and if, they take full effect they will create a number of new duties for commercial and residential property owners affecting property sales and rentals.
CREATING A LOW CARBON ECONOMY
The purpose of the EPB regulations is to “encourage owners and tenants to choose energy efficient buildings when seeking new accommodation and to improve the performance of buildings they occupy” (Department for Communities and Local Government circular 02/2007). The EPB regulations represent one of many instruments in the government’s ambitious agenda to create a low carbon economy. The reduction of carbon emissions is a topical issue, subject to wide media and political interest, the extent of which is clearly reflected