Dancing in the dark

The EU Energy Performance of Buildings Directive (EPBD) became part of European law in January 2003 and was required to be implemented across member states by January 2006 (see Legal summary). Its aim was to improve the energy performance of buildings in member states. It was a timely, useful idea in principle, but with a potential three-year extension for articles 7-10, clear guidance from the government was needed to better understand its implementation. Sadly, this has not yet happened and a lack of direction from the CLG has caused questions to be raised regarding the new legislation. This begs the question, without guidance, what as an industry can we do to prepare?

First, let us revisit history. The EPBD was triggered by the publication of the energy white paper in 2003. It was produced by the DTI but it made the ODPM (later the CLG) accountable for its delivery. I wonder if the Mystic Megs at the DTI had a crystal ball and could really foresee the problems that now face us all, and the confusion it is causing?

A visit to the CLG website sadly does not clear up the confusion. In fact, it is likely to exacerbate it. The website does, however, provide a source of valuable information about the directive, the most significant of which is the Statutory Instrument 199/2007, detailing the “how, what and when” of implementation. Still, this document raises more questions than it answers.

So, what are the main articles that affect businesses? Articles 4, 5 and 6 are covered by changes to Part L of the Building Regulations and the introduction of simplified building energy model (SBEM). The main areas that have yet to be finalised are articles 7-10.

Are you likely to be caught by this legislation? Yes. So until we get the full picture, what we can do now is collect the data, assess the risks and establish likely costs.

Collect the data

Are you likely to be caught by this legislation? Yes. So assess the risks and establish likely costs

Start with identifying which certification is required for your building, this will be either an energy performance certificate (EPC) or a display energy certificate (DEC). The buildings exempt from this are limited: places of worship, standalone buildings of less than 50m2, temporary buildings with a planned use of two years or less, low-energy use (for example, agricultural), and in certain limited circumstances, buildings to be demolished. You will also need to find out the total useful floor area of the building or part that you occupy.

Depending on the size and complexity of the building, the assessor will need a range of information that in itself requires further clarification. For complex existing buildings developed over a period of time, a dynamic simulation will be required as the approved assessment method. This will likely require data such as the age of the building, construction details, services details, operational information – data that, for older less well maintained buildings, may prove difficult and time-consuming to obtain.

DECs are produced using an approved methodology for the calculation of operational ratings. Although this is still to be finalised, early indications suggest the information will include three years’ worth of monthly energy data. Obtaining this may require discussions with energy providers, or collating meter readings from main and sub-meters, as well as consignment notes for fuels (if applicable).

Assess the risks

There are a number of questions that must be answered in order to assess the potential risks of falling short of legislative criteria.

These include:

I wonder if the Mystic Megs at the DTI had a crystal ball and could really foresee the problems that now face us all, and the confusion it is causing?

• What could the implications of a certificate showing a poorly performing building be?
• Can you afford to ignore the findings of the report?
• With the certificate being valid for 10 years but the improvement report for seven, is there likely to be significant variance between the two?
• What are the implications for multiple small buildings less than 1,000m2 if they are linked by a heated space or are served by the same heating or cooling system?
• What about commercial buildings owned by local authorities and rented/leased out at commercial rates?

Establish the costs

Some organisations have already started to forecast costs and produce a number of estimates, but it is important to establish the timescale for collating the data and producing the certificates and reports. The costs could range from several hundred pounds for small non-domestic buildings, to tens of thousands for large complex buildings. It is also important to understand how often these costs are likely to be incurred, whether at the end of each new project, annually for DECs, or every seven years for reports and every 10 years for EPCs.

By 6 April 2008, you will need to have the data and to have employed an accredited energy assessor to produce a DEC and advisory report, in addition to displaying the certificate.

So, will this satisfy the objectives of the directive by increasing public awareness of the energy use of buildings, and allow market conditions to drive energy performance improvements? Only time will tell, but the UK is relying on it to contribute to its long-term CO2 reduction targets.

This is no reason to delay, however. As many training and accreditation processes are undergoing development, you need to prepare for the inevitable and talk to organisations that understand the important issues and are working towards accreditation.