The Government has been “caught out on buildings energy efficiency” as it struggles to assemble reasons why the European Commission should not take it to the European Court for failure to implement the 2002 Energy Performance of Buildings Directive.
The Commission issued a reasoned opinion to nine member states in October complaining of failure to notify sufficient national implementing measures for the Directive which was supposed to be transposed on 4 January 2006. The Directive requires minimum energy performance standards for new buildings and for the bigger existing buildings.
While the technical standards have been implemented via the strengthening of Part L of the Building Regulations, the articles referring to energy labelling of buildings and inspection regimes for boilers and air conditioning systems – which should all have been in place by January this year – are still awaiting legislation. The Commission is angered by Britain’s failure to say how it will reflect standards on certificates for buildings on the lines of those on domestic appliances.
“The Government has been caught out again, talking big but acting small,” said Liberal Democrat local government spokesman Andrew Stunnell. “It should be deeply embarrassed by the EU action. “The Government could have taken decisive action two years ago when the Sustainable and Secure Buildings Act became law,” said Mr Stunnell. “Instead it chose to flout this European law in its sluggish response to climate change.”
The Commission said: “Building certificates are more elaborate, and will for existing buildings be accompanied with advice on how to improve the energy performance as well as information on the investment costs and the likely payback time on the investment. Furthermore, Member States need to ensure that heating and air conditioning installations are regularly inspected to enable performance improvements.”
Whitehall has seen a row between DCLG and Defra over the definition of a public building which will require more elaborate certification, with Defra wanting it to apply to major buildings like supermarkets, hotels or theatres visited by the public while DCLG wants to restrict it to public authorities’ buildings. In June, planning minister Yvette Cooper said it should initially apply only to the latter but consultations would be held next year on widening it. Now an emergency working group has been convened to respond to the Commission within the two months it sets.
When Sustainable Building contacted the DCLG, a press spokesman would only say:
“In April 2006 we notified the European Commission of the measures already adopted for compliance with Directive 2002/91/EC, the Energy Performance of Buildings Directive. We are making good progress to transpose the remaining provisions of the Directive into national law and intend to respond positively to the Reasoned Opinion by the due date.”
It appears that there is now some urgency in the DCLG to finalise the remaining legislation, not least because energy certificates are the only major mandatory addition to the Home Information Packs, beyond legal documentation and searches.
However, it is still not clear how the Government will train and appoint the necessary number of energy inspectors by the launch date for the HIPs of June 2007.