EUROPEAN COMMUNITIES PART 1 INTRODUCTORY Citation and commencement 1 1 These Regulations may be cited as the Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008. 2 Subject to regulation 4 and 6(1) and notwithstanding regulation A5 of the Building Regulations (Northern Ireland) 2000 , these Regulations apply to all buildings including buildings which would otherwise be exempt from building regulations by virtue of regulation A5. 3 Each provision of these Regulations referred to in column (2) of the Table in the Schedule shall come into operation on the date referred to in column (1) of that Table, for the purposes referred to in column (3). Interpretation 2 1 In these Regulations— “accreditation scheme” means a scheme approved by the Department in accordance with regulation 19; “advisory report” means a report issued by an energy assessor, after his energy assessment of the building, which contains recommendations for the cost-effective improvement of the energy performance of the building; “air-conditioning system” means a combination of all the components required to provide a form of air treatment in which the temperature is controlled or can be lowered, and includes systems which combine such air treatment with the control of ventilation, humidity and air cleanliness; “asset rating” means an energy performance indicator determined from the amount of energy estimated to meet the different needs associated with a standardised use of a building, calculated and expressed in accordance with the national calculation methodology; “authorised officer” means any person who is authorised by an enforcement authority in writing, either generally or specifically, to act in matters arising out of these Regulations; “building” means a roofed construction having walls, for which energy is used to condition the indoor climate, and a reference to a building includes a reference to a building unit; “building element” means a technical building system or a controlled fitting or a thermal element of the building envelope; “building envelope” means the integrated elements of a building which separate its interior from the outdoor environment; “building unit” means a section, floor or apartment within a building which is designed or altered to be used separately; “commercial media” means any material produced specific to a building, on any medium, with the intention of advertising the building for sale or rent; “controlled fitting” includes windows, doors, roof windows or roof lights; “Department” means the Department of Finance and Personnel; “display energy certificate” means a certificate that complies with regulation 12; “dwelling” means a building or part of a building occupied or intended to be occupied as a separate dwelling; “effective rated output” means the maximum calorific output (expressed in kilowatts) specified and guaranteed by the manufacturer of the system as being deliverable during continuous operation while complying with the useful efficiency indicated by the manufacturer; “energy assessor” means an individual who is a member of an accreditation scheme in accordance with regulation 19; “energy performance” in relation to a building means the calculated or measured amount of energy needed to meet the energy demand associated with a typical use of the building, which includes, inter alia, energy used for heating, cooling, ventilation, hot water and lighting; “energy performance certificate” means a certificate that complies with regulation 8 and includes a recommendation report ; “excluded building” means a building owned, occupied or used from time to time by or for the purposes of— national security; any of the armed forces; the Royal Family; a prison; or a young offenders institution; “inspection report” means a report issued by an energy assessor in accordance with regulation 16; “issued” means entered onto the relevant register of documents in accordance with regulation 25(2); “major renovation” means the renovation of a building where more than 25% of the surface of the building envelope undergoes renovation; “national calculation methodology” means— for the calculation and expression of asset ratings— in relation to dwellings at construction completion; the Government’s Standard Assessment Procedure (SAP) for Energy Rating of Dwellings; in relation to dwellings on sale or rent; the Government’s Standard Assessment Procedure (SAP) or Reduced Data SAP (RdSAP) for Energy Rating of Dwellings; and in relation to a building other than a dwelling; the Simplified Building Energy Model (SBEM); or a Dynamic Simulation Model (DSM); and for the calculation and expression of operational ratings; the Government methodology for the production of Operational Ratings, Display Energy Certificates and Advisory Reports, that is implemented with Government approved software; “nominated date” means, in relation to a display energy certificate, a date not more than 3 months after the end of the period over which the operational rating is calculated, which is nominated by the energy assessor who issued the certificate; “operational rating” means an energy performance indicator determined from the amount of energy consumed during the occupation of a building over a period of 12 months (unless regulation 13(3) applies), ending not earlier than 3 months before the nominated date, and calculated and expressed in accordance with the national calculation methodology; “opt-out” means— the owner or occupier of a building to which a document relates has notified the keeper of the register that the data is not to be disclosed; the notice was given in writing, or by electronic communication sent to an address or location specified by the keeper of the register for the purpose of the receipt of such notices; and the notice has not been withdrawn by the owner or occupier (by the means referred to in paragraph (b); “recommendation report” means a report included in the energy performance certificate and includes the measures set out in regulation 7; “relevant person” means— in relation to a building which is to be sold, the seller; in relation to a building which is to be rented out, the prospective landlord; in relation to a building in circumstances where regulation 6 applies, the person responsible for having the construction work carried out ; and in relation to an air-conditioning system, the person who has control of the operation of the system. “technical building system” means technical equipment for the heating, cooling, ventilation, hot water, lighting or for a combination thereof, of a building; ; thermal element” has the same meaning as in regulation 38 of the Building Regulations (Northern Ireland) 2012; and “total useful floor area” means the total area of all enclosed spaces measured to the inside face of the external walls, that is, the gross floor area, and in the case of sloping surfaces such as staircases, galleries, raked auditoria and tiered terraces shall be taken as their area on plan but shall exclude areas that are not enclosed such as open floors, covered ways and balconies. 2 Unless otherwise defined in these Regulations, terms used in these Regulations have the same meaning as in Directive 2010/31/EU of the European Parliament and the Council on the energy performance of buildings. Prospective buyer or tenant 3 A person becomes a prospective buyer or tenant in relation to a building when he— a requests any information about the building from the relevant person or his agent for the purposes of deciding whether to buy or rent the building; b makes a request to view the building for the purposes of deciding whether to buy or rent the building; or c makes an offer, whether oral or written, to buy or rent the building. PART 2 DUTIES TO PRODUCE ENERGY PERFORMANCE CERTIFICATES Application of Part 2 4 1 This Part does not apply to— a buildings used as places of worship and for religious activities; b temporary buildings with a ... time of use of 2 years or less; c industrial sites, workshops and non-residential agricultural buildings with low energy demand; ... d stand-alone buildings with a total useful floor area of less than 50 m 2 that are not dwellings ; and e non-residential agricultural buildings which are in use by a sector covered by a national sectoral agreement on energy performance. 2 Nothing in this Part requires an energy performance certificate to be given or made available to an owner, a prospective buyer or tenant at any time before the construction of the building has been completed. Energy performance certificates on sale and rent 5 1 Subject to paragraph (4), this regulation applies where a building is to be sold or rented out. 1A Before a building is made available for sale or rent, the relevant person shall ensure that an energy performance certificate is issued for the building. 2 The relevant person or a person acting on his behalf shall show, free of charge, a valid energy performance certificate to any prospective buyer or tenant when the prospective buyer or tenant first makes an enquiry about a building. 3 The relevant person shall ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the buyer or tenant. 4 This regulation does not apply in relation to a building that is to be sold or rented out where the relevant person can show that following the sale or rental, the building is to be demolished or subject to a major renovation or he believes on reasonable grounds that the prospective buyer or tenant of the building intends to demolish the building or undertake a major renovation of the building. Energy performance indicator on marketing 5A 1 This regulation applies where a building is offered for sale or rent. 2 The relevant person, or where a person is acting on his behalf that person, shall ensure that the energy performance indicator of the building as expressed in the energy performance certificate is stated in any advertisement for sale or rent of the building in commercial media. 3 The energy performance indicator shall be in a form approved by the Department. to provide an indication of the energy efficiency of a building or building unit, calculated using the national calculation methodology and expressed on a scale of A+ to G (or A to G in the case of a building that is a dwelling), with G representing the least energy efficient rating Energy performance certificates on construction 6 1 This regulation applies to all buildings to which this part applies, including buildings in relation to which the Building Regulations (Northern Ireland) 2012 do not apply, other than buildings which are exempt from those Regulations by virtue of regulation 4(2)(b) and (c) of those Regulations, where— a a building is constructed; ... aa a building has undergone a major renovation and was exempt under regulation 5(4); or b a building is so modified that the number of parts designed or altered for separate use is changed and where such modification includes the provision or extension of any fixed services for heating, hot water, air-conditioning and mechanical ventilation. 2 The relevant person shall give an energy performance certificate for the building to the owner of the building not more than five days after the work has been completed. Recommendation reports 7 1 A recommendation report shall include recommendations for the cost-effective improvement of the energy performance of the building, to include— a measures that could be carried out in connection with a major renovation of the building envelope or technical building systems; and b measures for individual building elements that could be carried out independent of a major renovation of the building envelope or technical building systems. 2 Any cost-effective measure which the energy assessor recommends must be technically feasible for the building to which the recommendation report relates. Energy performance certificates 8 1 An energy performance certificate shall— a be in a form approved by the Department; b show the asset rating of the building; c include reference values such as current legal standards or other benchmarks in order to make it possible to compare and assess the energy performance of the building ; d be issued by an energy assessor who is accredited to produce energy performance certificates for that category of building; and e include the following information— i the reference number under which the certificate has been registered in accordance with regulation 25; ii the address of the building; iii the total useful floor area of the building; iv the name of the energy assessor who issued it; v the name and address of the energy assessor’s employer, or if he is self-employed, the name under which he trades and his address; vi the date on which it was issued; and vii the name of the approved accreditation scheme of which the energy assessor is a member. 2 An energy performance certificate shall not contain any information or data except for the address of the building from which a living individual (other than the energy assessor or his employer) can be identified. 3 An energy performance certificate is only valid for the purposes of this Part if— a the issue date is not more than 10 years old; and b no other energy performance certificate for the building has since been obtained by or provided to the relevant person. 4 Certificates for apartments or units designed or altered for separate use in blocks may be based— a on the assessment of another representative apartment or unit in the same block; or b except in the case of a dwelling, on a common certification of the whole building for blocks with a common heating system. 5 Where— a a block with a common heating system is divided into parts designed or altered for separate use; and b one or more, but not all, of the parts are dwellings, certification for those parts that are not dwellings may be based on a common certification of all the parts that are not dwellings. 6 Certificates for single-family houses may be based on the assessment of another representative building of similar design and size with a similar actual energy performance quality if such correspondence can be guaranteed by the energy assessor issuing the energy performance certificate. Display of energy performance certificates 8A 1 This regulation applies from 25th February 2014 to a building, other than a dwelling, which satisfies the following requirements— a it has a total useful floor area of more than 500m 2 ; and b it is frequently visited by the public. 2 Where a valid energy performance certificate has been issued pursuant to regulation 5 or 6 for a building to which this regulation applies, the occupier shall ensure that the certificate shall be displayed in the building in a prominent place clearly visible to the public who visit the building. Production of copies of energy performance certificates 9 Where this Part requires a relevant person to give or show a valid energy performance certificate it is sufficient for the relevant person to— a give or show a copy of a valid certificate; or b with the consent of the intended recipient, give or show electronically a read-only certificate. Purposes for which certificates and recommendation reports may be disclosed 10 1 Where any person has in his possession or control a document to which this regulation applies, it is an offence for that person to disclose, or permit the disclosure of, the document or any information derived from it except in the circumstances specified in paragraph (2). 2 Those circumstances are— a where the disclosure is necessary to comply with any duty imposed by these Regulations; b where the disclosure is authorised by Part 6; c where the disclosure is by or to an enforcement authority for a purpose legitimately connected to their duty under regulation 31(2); d where the disclosure is for a legitimate purpose connected with a prospective buyer’s or tenant’s decision whether to buy or rent the building; e where the disclosure is for a legitimate purpose related to the making of improvements to the energy efficiency of the building; f where the disclosure is by or to an accreditation scheme operator for a purpose legitimately connected to its accreditation functions; g where the disclosure is by the Department for— i the purpose of enabling it to monitor the application and enforcement of, and compliance with, the duties imposed by these Regulations; or ii statistical or research purposes, provided that no particular property is identifiable from the information disclosed; or h where the disclosure is for the purpose of— i preventing or detecting crime; ii apprehending or prosecuting offenders; iii establishing, exercising or defending legal rights; ... iv complying with an order of a court ; or v providing any document or data to an accredited energy assessor solely where he has been engaged by a relevant person for a purpose legitimately connected with the assessment of the energy performance of a building. 3 Paragraph (1) does not apply to any disclosure of a document or any information derived from it by any person who, at the time of the disclosure, is, or is acting on behalf of, an owner or tenant of the building to which the document relates. 4 This regulation applies to the following documents— a an energy performance certificate or a copy of such a certificate; and b a recommendation report or a copy of such a report, and any data collected by an energy assessor for the purposes of preparing these documents shall be treated as part of these documents for the purposes of this regulation. 5 A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale. PART 3 DISPLAY ENERGY CERTIFICATES Duties relating to display energy certificates and advisory reports 11 1 This regulation applies from the specified date to buildings occupied by public authorities and frequently visited by the public. 2 In this regulation the specified date is— a for buildings with a total useful floor area over 500m 2 , 18th February 2013; and b for buildings with a total useful floor area over 250m 2 , 9th July 2015. 3 The occupier of any building to which this regulation applies shall— a display at all times a valid display energy certificate in a prominent place clearly visible to the public; and b have in his possession or control at all times a valid advisory report. 4 A display energy certificate is valid for a period of 12 months beginning on the nominated date. 5 An advisory report is valid for a period of 7 years beginning on the date it is issued. 6 An advisory report shall be issued no longer than 28 days following the date of assessment by an energy assessor. Display energy certificates 12 A display energy certificate shall— a be in a form approved by the Department; b subject to regulation 13, show — i the operational rating; and ii the asset rating, of the building; c show the operational ratings for the building that were shown in any certificates displayed by the occupier during the 2 years before the nominated date; d include reference values such as current legal standards or other benchmarks in order to make it possible to compare and assess the energy performance of the building ; e be issued by an energy assessor who under regulation 19 is accredited to produce display energy certificates for that category of building; and f include the following information— i the reference number under which the certificate has been registered in accordance with regulation 25; ii the address of the building; iii the total useful floor area of the building; iv the name of the energy assessor who issued it; v the name and address of the energy assessor’s employer, or if he is self-employed, the name under which he trades and his address; vi the date on which it was issued; vii the nominated date; and viii the name of the approved accreditation scheme of which the energy assessor is a member. First occupier or change of occupier 13 1 Subject to paragraph (3), regulation 12(b)(i) shall not apply in relation to a display energy certificate that is displayed by an occupier of a building at any time before he has been in occupation of the building for 15 months. 2 Regulation 12(b)(ii) does not apply in relation to a display energy certificate which is displayed by an occupier who entered into occupation of the building before 31st December 2008. 3 Where on 31st December 2008 the occupier of a building has been in occupation for less than 15 months the operational rating specified for the purposes of regulation 12(b)(i) may be calculated over the period in which the occupier has been in occupation. PART 4 INSPECTION OF AIR-CONDITIONING SYSTEMS Application of Part 4 14 1 This part applies to air-conditioning systems with an effective rated output of more than 12 kW. 2 Where the relevant person has the power to control the temperature of more than one individual air-conditioning unit in a building, each unit shall be considered to be a component of a single air-conditioning system for the purposes of paragraph (1). Inspection of air-conditioning systems 15 1 It is the duty of the relevant person in relation to an air-conditioning system to which this Part applies to ensure that accessible parts of the system are inspected by an energy assessor at regular intervals not exceeding 5 years. 2 The first inspection of the accessible parts of an air-conditioning system shall take place before the relevant date. 3 In this regulation “the relevant date” is— a where the system is first put into service after 30th December 2008, the expiry of a period of 5 years beginning with the date on which the system was first put into service; and b where paragraph (a) does not apply— i in the case of a system with an effective rated output of more than 250 kW, 4th January 2010; or ii in the case of a system with an effective rated output of not more than 250 kW, 4th January 2011. Inspection reports 16 1 Where an energy assessor undertakes an inspection of an air-conditioning system under regulation 15, the assessor shall make a written report of the inspection and give it to the relevant person as soon as practicable after completing the inspection. 2 The inspection report shall include an assessment of the air-conditioning efficiency and the sizing of the system compared to the cooling requirements of the building, and contain appropriate advice on cost-effective improvement to the energy performance of to the system, replacement of the system and alternative solutions. 3 The inspection report shall be in a form and shall include the following information— a the address of the building in which the air-conditioning system is located; aa the unique reference number under which the inspection report has been registered in accordance with regulation 25 b the name of the energy assessor; c the name and address of the energy assessor’s employer, or if he is self-employed, the name under which he trades and his address; d the date on which the inspection occurred; and e the name of the approved accreditation scheme of which the energy assessor is a member. Keeping of records etc. 17 1 The relevant person shall keep the most recent inspection report relating to the system made by an energy assessor in accordance with regulation 16. 2 Where the relevant person changes, the previous relevant person shall give to the new relevant person any inspection report kept by him under this regulation. Changes of relevant person 18 Where on or after 4th January 2011 — a the relevant person changes; and b the new relevant person is not given the most recent inspection report, the new relevant person shall ensure that the air-conditioning system is inspected within 3 months of the date on which he becomes the relevant person. PART 5 ENERGY ASSESSORS Accreditation schemes 19 1 An energy assessor shall be a member of an accreditation scheme approved by the Department. 2 The terms of approval of any accreditation scheme may be limited in relation to— a the categories of building for which members may produce certificates; and b the types of air-conditioning systems members may inspect. 3 Before approving an accreditation scheme, the Department shall be satisfied that the scheme contains adequate provision— a for ensuring that members of the scheme carry out consistent and accurate energy assessments in an independent manner; b for ensuring that members of the scheme are fit and proper persons who are qualified (by their education, training and experience) to carry out energy assessments; c for requiring members of the scheme to prepare— i energy performance certificates and recommendation reports; ii display energy certificates and advisory reports; and iii inspection reports, using the standard format for each type of document as approved by the Department. d for ensuring that it produces and publishes a code with regard to the conduct required of its members; e for indemnity arrangements in relation to relevant persons and prospective or actual buyers or tenants; f for facilitating the resolution of complaints against members of the scheme; g for requiring energy performance certificates, recommendation reports, inspection reports, display energy certificates and advisory reports produced by members of the scheme to be entered on the relevant register maintained pursuant to Part 6; and h for the keeping of a register of the members of the scheme. Related party disclosures 20 An energy assessor shall include in each energy performance certificate and display energy certificate that he has issued a declaration of any personal or business relationship (other than in relation to producing the certificate) that he has with— a the person who commissioned the certificate; b any person on whose behalf the certificate was commissioned; and c any person whom he believes— i has or may have a personal or business relationship with a person referred to in paragraph (a) or (b); or ii has or may have an interest in the building. Duty of care 21 1 Energy assessors shall carry out energy assessments with reasonable care and skill. 2 The duty imposed by paragraph (1) shall be enforceable by the following persons— a the relevant person; b in the case of an energy performance certificate and recommendation report, any prospective or actual buyer or tenant during the period of validity of the certificate; and c in the case of a display energy certificate and advisory report, the occupier of the building. 3 Any cause of action arising in relation to the duty imposed by paragraph (1) is deemed not to be an action founded on tort for the purposes of the Limitation (Northern Ireland) Order 1989 . Right to copy documents 22 Any person may, for the purpose of complying with any duty imposed by these Regulations, copy or issue a copy of any document produced by an energy assessor. Meaning of energy assessment 23 In this Part and in Part 8, a reference to “energy assessment” includes a reference to— a the preparation and issuing of energy performance certificates; b the preparation and issuing of recommendation reports; c the preparation and issuing of display energy certificates; d the preparation and issuing of advisory reports; e the preparation and issuing of inspection reports; and f the carrying out of any inspections undertaken for the purposes of issuing any of the documents referred to in paragraphs (a) to (e). PART 6 REGISTER OF DOCUMENTS Interpretation of Part 6 24 In this Part “keeper of the register” means the person nominated by the Department to keep a register on the Department’s behalf. Registration of certificates etc. 25 1 The keeper of the register shall maintain one or more registers of the following documents— a energy performance certificates and recommendation reports; b display energy certificates; ... c advisory reports ; and d inspection reports. 2 Where an energy assessor issues any of the documents referred to in paragraph (1) he must ensure that it, and the data that was collected to produce it, are entered onto the relevant register before he gives it to the person who requested that he issue it. 3 Each document entered onto the register— a shall be registered under a unique reference number; and b shall not be altered once registered. 4 Any document or data entered onto the register must be kept on the register for a period of at least 20 years beginning on the date on which it is entered onto the register. Fees for entering data onto the register 25A The keeper of the register may charge the following fees for entering data onto the register — a for entering data from which an energy performance certificate which relates to a dwelling may be produced, a fee of £1.50; b for entering data from which— i an energy performance certificate which relates to a building other than a dwelling; ii a display energy certificate; or iii an inspection report, may be produced, a fee of £1.70. Disclosures generally 26 1 The keeper of the register may only disclose any document or data entered onto the register if authorised by this Part. 2 In this Part, a reference to the disclosure of a document includes a reference to the disclosure of information derived from a document. Disclosures with reference number 27 1 This regulation applies where any person— a requests the keeper of the register to disclose a particular document; and b provides to the keeper of the register the relevant reference number of the document he is seeking to be disclosed. 2 The keeper of the register may disclose to such a person— a the document the person requested; and b any document of the same kind relating to the same building or part of a building as the requested document which was registered at any time during the period of 10 years ending on the date of the request. Disclosures with address 27A 1 The keeper of the register may disclose a document to any person if the conditions in paragraph (2) are met. 2 The conditions are that— a a request for disclosure of the document has been made by means of a website operated by the keeper; b the request includes— i the full postal address (excluding the postcode) of the particular building to which the document relates; ii the full postcode of that building; or iii the name of the road or street on which, and the name of the city, town, village or townland in which, the building is located; c where the request is for a document other than a display energy certificate, there is no opt-out in effect in respect of the document; d the particular building to which the document relates is not an excluded building; and e the person requesting the document has not reached such limit for searches as may be imposed by the Department. 3 The keeper of the register may disclose to such a person— a the document the person requested; and b any document of the same kind relating to the same building or part of a building as the document requested, which was registered at any time during the period of 10 years prior to the date of the request. Disclosures to approved accreditation schemes 28 The keeper of the register may disclose to an approved accreditation scheme operator— a any document which was prepared by an energy assessor who was a member of the scheme at the time the document was entered into the register; and b any associated data. Disclosures to enforcement authorities 29 The keeper of the register may disclose any document or data to an authorised officer of an enforcement authority. Disclosures to the Department 30 1 The keeper of the register may disclose any document or data to the Department— a for the purpose of enabling the Department to monitor the application and enforcement of, and compliance with, the duties imposed by these Regulations; and b in relation to buildings occupied by public authorities, for the purpose of raising awareness of the energy performance of such buildings. 2 The keeper of the register may disclose any document or data to the Department either for its own use or for the use of other Departments and Public Authorities— a for statistical or research purposes; or b for the purpose of providing impartial advice on improving the energy performance of buildings; provided that a property for which an opt-out is in effect or a building that is an excluded building is not identifiable from the data or document disclosed. PART 7 ENFORCEMENT Enforcement authorities 31 1 The enforcement authority for the purposes of these Regulations shall be— a except in relation to duties under these Regulations enforceable against a district council, a district council within its district; b in relation to duties under these Regulations enforceable against a district council, the Department. 2 It is the duty of the enforcement authority to enforce the duties under regulation 5(2), 5(3), 5A(2), 6(2), ... 8A(2), 11(3), 11(6), 15(1), 15(2), 17, 18 , 32(4) ... and 42(2)(c). 3 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . Power to require production of documents 32 1 An authorised officer of an enforcement authority may require a person who appears to him to be or to have been subject to any of the duties under regulation 5(2), 5(3), 5A(2), 6(2), ... 8A(2), 11(3), 11(6), 15(1), 15(2), 17, 18 ,3 2(4) or 42(2)(c) to produce for inspection a copy of— a a valid energy performance certificate and recommendation report; b a valid advisory report; ... c the most recent inspection report ; and d evidence that the data has been provided to the occupier as required by regulation 42(2)(c). 2 The power conferred by paragraph (1) includes power to take copies of any document produced for inspection. 3 A requirement under this regulation shall not be imposed more than six months after the last day on which the person concerned was subject to such a duty in relation to the building. 4 It is the duty of a person subject to the requirements of this regulation to comply with it within the period of seven days beginning with the day after that on which it was imposed. 5 A person is not required to comply with paragraph 4 provided he has reasonable grounds for not doing so. Penalty charge notices 33 1 An authorised officer of an enforcement authority may, if he believes that a person has committed a breach of any duty under regulation 5(2), 5A(2), 5(3), 6(2) ..., 8A(2), 11(3), 11(6), 15(1), 15(2), 17, 18 ... 32(4) or 42(2)(c), give a penalty charge notice to that person. 2 A penalty charge notice shall not be given after the end of the period of six months beginning with the day (or, in the case of a continuing breach, the last day) on which the breach of duty was committed. 3 A penalty charge notice shall— a state the officer’s opinion that the person has committed a breach of duty; b give such particulars of the circumstances as may be necessary to give reasonable notice of the breach of duty; c require that person, within a period specified in the notice— i to pay a penalty charge specified in the notice; or ii to give notice to the enforcement authority that he wishes the enforcement authority to review the notice; d state the effect of regulation 38; e specify the person to whom and the address at which the penalty charge may be paid and the method or methods by which payment may be made; and f specify the person to whom and the address at which a notice requesting a review may be sent (and to which any representations relating to the review may be addressed). 4 The period specified under regulation 33(3)(c) shall not be less than 28 days beginning with the day after that on which the penalty charge notice was given. 5 The enforcement authority may extend the period for complying in any particular case if it considers it appropriate to do so. 6 The enforcement authority may, if it considers that the penalty charge notice ought not to have been given, give the recipient a notice withdrawing the penalty charge notice. 7 The enforcement authority shall withdraw a penalty charge notice where the recipient can demonstrate that— a he took all reasonable steps and exercised all due diligence to avoid breaching the duty; or b regulation 34 applies. Defence where an energy performance certificate is unobtainable 34 1 The relevant person or a person acting on his behalf shall not be liable to a penalty charge notice for a breach of the duty imposed by regulation 5 where he can demonstrate that— a the relevant person made a request for an energy performance certificate at least 14 days before the relevant time, and despite all reasonable efforts and enquiries by the relevant person, he did not have in his possession or control a valid energy performance certificate at the relevant time; or b in the case of a failure to show an energy performance certificate to a prospective tenant— i the prospective tenant was seeking to rent out the building due to an emergency which required the tenant’s urgent relocation; ii at the relevant time the relevant person did not have in his possession or control a valid energy performance certificate; iii there was insufficient time in which the relevant person could reasonably have been expected to obtain a certificate before renting out the building to the prospective tenant; and iv the relevant person or a person acting on his behalf has given a valid energy performance certificate to the tenant as soon as reasonably practicable after renting out the building. 2 In paragraph (1)(a) the reference to a request is to a request properly addressed to a person who usually provides or is likely to provide an energy performance certificate for the category of building in question and which includes such payment or an undertaking to make such payment as is usually necessary to obtain an energy performance certificate. 3 In this regulation “relevant time” means the point in time by which the relevant person or person acting on his behalf is required to have shown an energy performance certificate to a prospective buyer or tenant under regulation 5(2). Penalty amount 35 1 The penalty charge specified in the notice shall be— a in relation to a breach of a duty under regulation ... 5(2), 5(3) or 6(2), — i where the building is a dwelling, £200; ii where the building is not a dwelling, calculated in accordance with the formula in paragraph (2); b in relation to a breach of duty under regulation ... 8A(2), 11(3)(a) or 42(2)(c), £500; c in relation to a breach of duty under regulation ... 11(3)(b) or 11(6), £1000; d in relation to a breach of duty under regulation 15(1), 15(2) 17(1), 17(2) or 18, £300; and e in relation to a breach of duty under regulation 5A(2) or 32(4), £200. 2 Subject to the minimum and maximum penalty charges prescribed by paragraph (3), the penalty charge for the purposes of paragraph (1)(a)(ii) shall be— a where the building constitutes a hereditament, 12.5% of the net annual value of the hereditament; b where no other building (other than a building which is exempt from Part 2 under regulation 4(1)(b) or regulation 4(1)(c)) forms a part of the same hereditament, 12.5% of the net annual value of the hereditament of which the building forms a part; c where the building comprises more than one hereditament, 12.5% of the sum of the rateable values of each hereditament that comprise the building; and d where— i one or more buildings (other than a building which is exempt from Part 2 under regulation 4(1)(b) or regulation 4(1)(c)) form part of the same hereditament; or ii the building is not, or does not form part of, a hereditament which appears on the NAV list at the relevant time, £750. 3 The minimum and maximum penalty charges for the purposes of paragraph (2) are £500 and £5000 respectively. 4 In this regulation— “hereditament”, “NAV list” and “net annual value” have the same meaning as in the Rates (Northern Ireland) Order 1977 ; and “relevant time” means the time at which the penalty charge notice is given. Reviews 36 1 If, within the period specified under regulation 33(3)(c) (or that period as extended under regulation 33(5)), the recipient of the penalty charge notice gives notice to the enforcement authority requesting a review, the enforcement authority shall— a consider any representations made by the recipient and all other circumstances of the case; b decide whether to confirm or withdraw the notice; and c give notice of their decision to the recipient, within a reasonable period. 2 A notice confirming the penalty charge notice must also state the effect of regulations 37 and 38. 3 If the enforcement authority is not satisfied that— a the recipient committed the breach of duty specified in the notice; b the notice was given within the time allowed by regulation 33(2) and complies with the other requirements imposed by these Regulations; and c in the circumstances of the case it was appropriate for a penalty charge notice to be given to the recipient, it shall withdraw the penalty charge notice. Appeals to the county court 37 1 If after a review the penalty charge notice is confirmed by the enforcement authority, the recipient may, within the period of 28 days beginning with the day after that on which the notice under regulation 36(1)(c) is given, appeal to the county court against the penalty charge notice. 2 The county court may extend the period for appealing against the notice. 3 Such an appeal shall be on one (or more) of the following grounds— a that the recipient did not commit the breach of duty specified in the penalty charge notice; b that the notice was not given within the time allowed by regulation 33(2) or does not comply with any other requirement imposed by these Regulations; or c that in the circumstances of the case it was inappropriate for the notice to be given to the recipient. 4 An appeal against a penalty charge notice shall be by way of a rehearing and the court shall either uphold the notice or quash it. 5 If the penalty charge notice is withdrawn or quashed, the enforcement authority shall repay any amount previously paid as a penalty charge in pursuance of the notice. Recovery of penalty charges 38 1 The amount of the penalty charge is recoverable from the recipient of the penalty charge notice as a debt owed to the enforcement authority unless— a the notice has been withdrawn or quashed; or b the charge has been paid. 2 Proceedings for the recovery of the penalty charge shall not be commenced before the end of the period referred to in regulation 36(1). 3 If within that period the recipient of the penalty charge notice gives notice to the enforcement authority that he wishes the enforcement authority to review the penalty charge notice, such proceedings shall not be commenced— a before the end of the period mentioned in regulation 37(1); and b where the recipient appeals against the penalty charge notice, before the end of the period of 28 days beginning with the day on which the appeal is withdrawn or determined. 4 In proceedings for the recovery of the penalty charge, a certificate which— a purports to be signed by or on behalf of the person having responsibility for the financial affairs of the enforcement authority; and b states that payment of the penalty charge was or was not received by a date specified in the certificate, is evidence of the facts stated. Service of documents 39 1 A penalty charge notice and any other notice referred to in this Part may be given by post. 2 Any such notice may be given— a in the case of a body corporate, to the secretary or clerk of that body; and b in the case of a partnership, to any partner or to any person having control or management of the partnership business. Offences relating to enforcement officers 40 1 A person who obstructs an officer of an enforcement authority acting in pursuance of regulation 32 is guilty of an offence. 2 A person who, not being an authorised officer of an enforcement authority, purports to act as such in pursuance of this Part is guilty of an offence. 3 A person guilty of an offence under this regulation is liable on summary conviction to a fine not exceeding level 5 on the standard scale. PART 8 MISCELLANEOUS Application to the Crown 41 1 Subject to paragraph (2) these Regulations, other than regulation 42(2)(a), bind the Crown. 2 No act or omission by or on behalf of the Crown shall constitute an offence or make the Crown liable to a penalty charge notice under these Regulations, but the High Court may, on the application of the enforcement authority, declare unlawful any act or omission of the Crown which constitutes a contravention of these Regulations. Duty to cooperate 42 1 This regulation applies where these Regulations impose a duty on the relevant person to— a show or give an energy performance certificate or display a display energy certificate in relation to a building; or b ensure an air-conditioning system is inspected. 2 It shall be the duty of every person with an interest in, or in occupation of, the building to— a allow such access to any energy assessor appointed by the relevant person as is reasonably necessary to inspect the building for the purpose of undertaking an energy assessment; ... b cooperate with the relevant person so far as is reasonably necessary to enable him to comply with the duty referred to in paragraph (1) ; and c provide the occupier with the data necessary to comply with the duty in regulation 11(3) where the cost of energy is paid by the landlord or a person acting on his behalf and is included in a charge to the occupier. Amendments to the Building Regulations (Northern Ireland) 2000 43 The Building Regulations (Northern Ireland) 2000 are amended as follows— a in paragraph (1) of regulation A2 (Interpretation)— i after the definition “ENERGY EFFICIENCY REQUIREMENTS” there shall be inserted— ENERGY PERFORMANCE CERTIFICATE means a certificate that complies with regulation 8 of the Energy Performance of Buildings (Certificates and Inspections) (Northern Ireland) Regulations 2008 ; ii in the definition “SAP” after the words “2005 edition” there shall be inserted “or any later version of the software approved by the Department”; and iii in the definition “SBEM” after the words “2006 edition” there shall be inserted “or any later version of the software approved by the Department”; b in regulation A11 (Notice of commencement and completion of certain stages of work)— i in paragraph (5) for “notice in writing of—” substitute “—”; ii before paragraphs (5)(a), (b) and (c) insert “notice in writing of”; iii for paragraph (5)(d) there shall be substituted— subject to paragraph (5)(g) a copy of the energy performance certificate for any completed new building, not more than 5 days after completion; ; iv in paragraph (5)(f) for the full stop substitute “;”; and v after paragraph (5)(f) there shall be inserted— g paragraph (5)(d) does not apply to— a buildings that are used primarily or solely as places of worship; b temporary buildings with a planned time of use of 2 years or less; c industrial sites, workshops and non-residential agricultural buildings with low energy demand; and d stand-alone buildings with a total useful floor area of less than 50 m 2 that are not dwellings. ; c In paragraph (4)(b)(iii) of regulation F1 (Application and interpretation) after the semicolon there shall be inserted “and;”; d After paragraph (4)(b)(iii) of regulation F1 (Application and interpretation) there shall be inserted— iv any software approved by the Department; ; e In column (4) of Table F of Schedule 5 for the character “—” opposite the reference in column (1) to “F2 Conservation measures” and against the reference in column (3) to “DFP Technical Booklet F1: 2006” there shall be substituted “AMD4”; f In column (4) of Table F of Schedule 5 for the character “—” opposite the reference in column (1) to “F2 Conservation measures” and against the reference in column (3) to “DFP Technical Booklet F2: 2006” there shall be substituted “AMD4”. Sealed with the Official Seal of the Department of Finance and Personnel on 10th April 2008. Philip Irwin A senior officer of the Department