Explanatory note

These Regulations amend the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118, as amended by S.I. 2013/10, S.I. 2013/181, S.I. 2013/603, S.I. 2014/880 and S.I. 2015/609) (“the principal Regulations”) to supplement the implementation by those Regulations of Article 27 (penalties) of Directive 2010/31/EU of the European Parliament and of the Council on the energy performance of buildings (recast) (OJ No L 153, 18.6.2010, p. 13).

Regulation 2(2) and (3) inserts new regulations 34A, 34B and 34C into the principal Regulations. Regulation 34A requires that local authorities arrange for the enforcement of obligations under the principal Regulations against them in relation to their own buildings by agreement with the local weights and measures authority of another area. Such agreements must be in place by the end of three months after these Regulations come into force, or as soon as is reasonably practicable.

New regulation 34B provides for the collection by enforcement authorities of sufficient information concerning buildings to enable them to plan effective enforcement action in accordance with guidance from the Secretary of State.

New regulation 34C provides for the annual reporting to the Secretary of State by enforcement authorities of action taken in relation to enforcement of the principal Regulations. The reports must be made in accordance with guidance from the Secretary of State, and may be published by the authority or by the Secretary of State. The reports must also provide information on agreements made between enforcement authorities under regulation 34A.

An impact assessment has not been prepared for these Regulations as there is no impact on businesses, individuals or the voluntary sector.