West Midlands Housing & Energy Conference 2007

1. West Midlands Housing & Energy Conference 2007 EPCs: The Car Crash waiting to happen? Ian Manders Deputy Director Association for the Conservation of Energy

2. Ian Manders • Borough councillor 15 years • Chair Planning Committee 4 yrs • Parliamentary Researcher • SPDs on Sustainable Energy Kingston second LA adopt unleaded fuel Presentation to MPs and Peers HoP 2005 FoE Climate Change Resolution 1995

3. ACE • not-for-profit company est. 1981, • funded through restricted membership of 20 corporate organisations

4. ACE has achieved notable successes in campaigning • VAT exemption on energy efficiency materials (in 2000), • Home Energy Conservation Act 1995, • Warm Homes and Energy Conservation Act 2000, • Sustainable Energy Act 2003, • Climate Change and Sustainable Energy Act 2006.

5. ACE has • improved Building Regulations • secured statutory targets for domestic energy efficiency in the Housing Act 2004. • Fuel Prophet - energy saving refurbishment measures • Major EU study on treating high-rise flats

6. Where do EPCs come from? Energy Performance in Buildings Directive 2003 (EPBD)

7. Energy Performance of Buildings Directive 2003 (EPBD) • Idea is to cut consumption in all buildings by making information available on their energy performance for comparison • Regular inspections and re-evaluations • Higher standards for upgrading large buildings • Improved standards for new buildings

8. What will EPBD achieve across EU? • 22% saving of present consumption in buildings • 45 million tonnes CO2 reduction by 2010 14% of Kyoto EU obligation 330 million tonnes CO2 reduction by 2010

9. EPBD definition of EPC • EPC must be shown for any building [with some exceptions] when it is built, sold or rented • No EPC can be older than 10 years • EPCs must be displayed “in a prominent place” in any building owned by a public authority or regularly visited by a large number of people • EPCs can only be awarded by suitably qualified assessors In UK EPCs compulsory on all buildings [in stages] by 2008

10. “Seller’s Pack” / Home Information Packs Incoming Lab Govt promises “Seller’s Pack” in 1997 manifesto Will cut cost and delay in buying a house by seller providing all information usually paid for by prospective buyers Implementation of Seller’s Pack put off repeatedly by ministers UK Govt puts together EPC for dwellings with Seller’s Pack in 2003 legislation

11. Timeline to disaster Incoming Lab Govt promises “Seller’s Pack” in 1997 manifesto Implementation delayed by ministers EU Energy Performance of Buildings Directive 2003 makes EPCs compulsory on all buildings [in stages] by 2008 UK Govt puts together EPC with Seller’s Pack in 2003 legislation Seller’s Pack successfully lobbied against by vested interests Seller’s Pack watered down - survey out – renamed HIPs “Location Location Location”

12. Domestic Energy Assessors (DEAs) train for 2006 start HIPs again lobbied against by vested interests – start delayed to June 07 May 2007 - RICs takes SoS Kelly to court re “Gold plating” EPCs re shelf life May 2007 - SoS Kelly loses and blames not enough Assessors HIPs delayed to August (4 bed only) and consultation on shelf life of EPC promised Situation of non-dwellings uncertain

13. Result of Judicial Review (1) • SoS CLG Kelly forced to publish draft Regulatory Impact Assessment setting out justification and costs for any proposal on maximum age of an EPC • Conduct a 12 week consultation • Until consultation outcome known, change regulations to make max age EPC – on first marketing – from 3 months to 12 months

14. The Judicial Review was not • About the non-energy parts of HIPs • About the number of assessors – that was a smokescreen to deflect blame from Govt • About stopping the EPCs – they are required under EU EPBD.

15. Timetable, as in EPBD E&W Regulations 29 March 2007

16. Ian Manders ACE ian@ukace.org