By 1 October 2008 if you are an occupier of a building requiring a DEC, you will need to display a DEC showing an Operational Rating in a prominent place clearly visible to the public.By 1 October 2008 you will also need to have in your possession or control a valid advisory report.If you are a new occupier, or have been in occupation for less than 15 months by 1 October 2008, you may not have 12 months of meter readings available that are required for an Operational Rating. The legislation makes provisions for calculation over the period of occupation in these cases and the chart below will help you determine what you need to provide.
DECs must be renewed every 12 months. You can also consult this chart at renewal to check what is required.
If you are in possession of an Energy Performance Certificate (EPC), then you will have an Asset Rating for the building, which shows the performance of the building’s fabric and its fixed building services (such as heating and lighting), based on standard assumptions as to how it is used. If you have an Asset Rating, this must be displayed on the DEC.
1.4 Other requirements of the Energy Performance of Buildings Directive
Other aspects of the Energy Performance if Buildings Directive may apply to a building:
1. An EPC is required when a building is constructed, sold or let.
a. For non-dwellings, this requirement started for buildings larger than 10,000m2 from 6 April 2008, for buildings larger than 2,500m2 from 1 July 2008 and for all other non-dwellings from 1 October 2008.
b. For homes when sold (marketed sales requiring a HIP), this is a current requirement. This requirement starts from 1 October 2008 on the sale of all other homes.
c. This requirement started from 6 April 2008 for homes when constructed.
d. This requirement starts from 1 October 2008 for homes when rented.
2. An air conditioning inspection is required if the effective rated output of systems within a building are more than 12kW.
a. If the system has an effective rated output of 250kW or more, the first inspection must be done by 4 January 2009.
b. If the system has an effective rated output of 12kW or more, the first inspection must be done by 4 January 2011.
What are Display Energy Certificates?
2.1 What is a Display Energy Certificate?
A Display Energy Certificate shows the energy performance of a building based on actual energy consumption as recorded annually over periods up to the last three years (the Operational Rating). The DEC also shows an Asset Rating for this building if this is available (by way of an EPC). A DEC is valid for one year and must be updated annually.
The Operational Rating (OR) is a numerical indicator of the actual annual carbon dioxide emissions from the building. The various types of energy consumption from occupying a building must be brought together on a common basis so that the performance of one building can be compared with that of another. The UK has decided that the common unit should be CO2 emissions, since this is a key driver for energy policy.
This rating is shown on a scale from A to G,
where A is the lowest CO2 emissions (best)
and G is the highest CO2 emissions (worst). Also shown are the Operational Ratings for the previous two years; this provides information on whether the energy performance of the building is improving or not.
The OR is based on the amount of energy consumed during the occupation of the building over a period of 12 months from meter readings and is compared to a hypothetical building with performance equal to one typical of its type (the benchmark). Typical performance for that type of building would have an OR of 100. A building that resulted in zero CO2 emissions would have an OR of zero, and a building that resulted in twice the typical CO2 emissions would have an OR of 200. If the building is a net energy generator, it would still be given an Operational Rating of zero.
The OR must be calculated according to the methodology approved by the Secretary of State (SoS). This is done by an accredited energy assessor using a software tool for the calculation which has been approved by the SoS. This is available on request from the Department for Communities and Local Government or www.communities.gov.uk/epbd
The DEC should be displayed in a prominent place that is clearly visible to members of the public. A sample certificate is shown. To enable members of the public to view the document easily, it should be no smaller than A3 in size. See Chapter 5.5 for more guidance on displaying DECs.
A DEC must be accompanied by an advisory report and the owner of the building must have a valid one available. The advisory report highlights recommendations to improve the energy performance of the building (ie its fabric and associated services such as heating, ventilation and lighting). An advisory report is valid for seven years.
2.3 What a Display Energy Certificate contains
A DEC must contain, by law, the following information:
- The Operational Rating as determined by the government approved Operational Rating methodology
- The Asset Rating (if available)
- The Operational Ratings for the building expressed in any certificates displayed by the occupier during the last two years before the nominated date. In buildings where no historic energy consumption data are available, this information will not be complete until the third year of occupation after the introduction of DECs for that type of building as it will be derived from previous DECs. In buildings where historic energy consumption data are available, an accredited energy assessor can produce and lodge DEC for the previous two years, thus allowing previous year’s information to be shown on the current DEC
- A reference value such as a current legal standard or benchmark.
The DEC will also show the unique certificate reference number under which the DEC has been registered, the address of the building, the total useful floor area of the building, the name and address of the energy assessor, their employer (or trading name if self employed), the name of their accreditation scheme and the date when the DEC was issued, the nominated date (marking the beginning of the 12-month validity period for the DEC) and the name of the approved accreditation scheme of which the energy assessor is a member.
2.4 What an advisory report contains
The advisory report accompanies the DEC and contains recommendations for improving the energy performance of the building. Advisory reports are valid for seven years.
The advisory report may contain a range of possible improvements, including cost-effective measures that may be implemented to improve the energy performance of the property. The report includes zero and low-cost operational and management improvements, possible upgrades to the building fabric or services, and opportunities for the installation of Low and Zero Carbon (LZC) technologies.
The report enables the occupier to identify what may be done to improve, for example, building energy management, building services, etc. therefore reducing energy consumption and CO2 emissions.
The advisory report categorises the list of recommendations, by payback period as follows:
- Short-term payback (up to three years), for example building energy management measures
- Medium-term payback (three to seven years), for example upgrading building services
- Long-term payback (more than seven years), for example Low and Zero Carbon (LZC) technologies.
Each category includes the energy assessor’s selection of the most suitable improvement measures for the building, generally between five and 10 measures. The advisory report also includes the energy assessor’s recommendations which may include additional improvement measures, for example measures recommended by a previous energy audit.
The validity of the report is seven years. This is considered a reasonable interval during which the building occupier would have had sufficient opportunity to act on the recommended measures in the advisory report, following which a review would be appropriate in the light of new technology, changes to energy prices etc.
The advice provided in the advisory report is intended to be for information only. Occupiers receiving an advisory report are advised to seek further detailed professional advice before reaching any decision on how to improve the energy performance of the building.
Obtaining a Display Energy Certificate
3.1 Responsibilities for displaying a Display Energy Certificate
Under this legislation it is the responsibility of every occupier of a building affected by these Regulations to:
- Display a valid DEC in a prominent place clearly visible to the public at all times; and
- Have in their possession or control a valid advisory report which conveys recommendations to improve the building’s energy performance.
This must be done for each of the buildings affected.
3.2 Producing Display Energy Certificates
An energy assessor, accredited to produce display energy certificates for that type of building, is the only person who can produce a DEC and advisory report for your building. It is acceptable for employees to produce DECs provided they meet the standards of and are accepted by an accreditation scheme.
Firstly the energy consumption data provided will be reviewed by the energy assessor in line with the approved methodology. Under certain conditions, the methodology allows adjustments to be made for longer hours of occupation, variations to weather and climate and allows certain activities to be separated if they are non-typical of the type of building (separable energy uses).
The carbon dioxide emissions for the certificate are based on the adjusted energy consumption and adjusted total useful floor area and building type to give a measured CO2 emission per square metre.
The energy assessor will then use an approved tool to calculate the Operational Rating and produce a DEC and advisory report from the information gathered in line with the approved methodology. The advisory report may entail a site survey or be based on previous knowledge of the building.
The DEC and advisory report must be lodged in a national register and given a unique certificate reference number. The national register is operated by Landmark Information Group Limited on behalf of the Secretary of State and can be found on www.ndepcregister.com.
Energy assessors must act in an independent manner – this is ensured by their membership of an approved accreditation scheme. Energy assessors are responsible for conducting an energy assessment, producing a DEC and advisory report and lodging the DEC and advisory report with their accreditation scheme.
The accreditation scheme is responsible for checking and lodging certificates on the national register. Accreditation schemes are also responsible for monitoring the quality of the certificates energy assessors produce. Chapter 3.4 provides more information about accreditation schemes and Chapter 6 provides more information if occupiers have a complaint or concern about an energy assessment, DEC or an advisory report.
The process for producing a DEC and advisory report is as follows:
Once an energy assessor has been commissioned to produce a DEC and advisory report, there are three main steps to performing the assessment, which are:
1. Gathering the relevant information (dimensions, energy meter readings and building energy services)
2. Entering the information into an approved software (OR Methodology) programme.
3. The software producing the certificate and the advisory report for the building.
The energy assessor then submits the certificate and advisory report to their accreditation body for lodgement on the Government’s register and provides the building occupier with a copy.
3.3 Collecting the information required for a Display Energy Certificate
The occupier, in collaboration with the energy assessor, will need to obtain actual meter readings or consignment notes for all fuels used in the buildings that are affected by this legislation. This may include gas fuels, oil fuels, solid fuels, district heating and cooling, grid electricity and electricity generated on site or obtained by private distribution systems from other sites.
For district heating and cooling and electricity generated on site, or obtained by private distribution systems from other sites, the average carbon factor for the fuel over the accounting period will need to be obtained eg in kg of carbon dioxide per kWh delivered.
You can obtain the information required to produce a DEC from a number of sources:
on-site energy meters
- the building landlord or representative
- the utility supplier
- the district heating/cooling provider.
For affected buildings that are on a site or campus, energy metering information can be collected at site level rather than building level. DECs will however need to be provided for each affected building on the site. Please see Chapter 5.4 for more information.
The calculation of the OR is based on annual energy consumption, which means the energy consumed over the period of one calendar year (365 days). Ideally all energies are metered over the same one-year period.
For more information regarding gathering data in order to prepare a DEC, please see Annex A.
For more information on assessment and measurement periods, please see the document: ‘The Government methodology for the production of Operational Ratings’, which may be found on www.communities.gov.uk/epbd
A team of people can work on gathering the information for an energy assessment as long as they are working under the direction of an Accredited Energy Assessor. The Accredited Energy Assessor must ensure that anyone visiting a property or gathering information on their behalf is both ‘fit and proper’ and suitably qualified to gather the information. Only Accredited Energy Assessors can produce and lodge a DEC.
An Accredited Energy Assessor may use data previously collected about a building. They must, however, be satisfied that any data about a building has been properly collected and accurately reflects the building as they will be responsible for any data used to produce a DEC.
3.4 Energy assessor accreditation
Government approved accreditation schemes control the quality of energy assessments, DECs and advisory reports by ensuring energy assessors are competent and possess the appropriate skills to conduct energy assessments. To become a member of an accreditation scheme, energy assessors will need to:
- demonstrate their competence, either by having a recognised qualification from an awarding body or approved prior experience and learning equivalent to the National Occupational Standard requirements
- maintain appropriate professional indemnity cover
- update their skills and knowledge regularly
- participate in the accreditation body’s quality assurance procedures
- abide by the scheme’s advice and guidance.
Approved accreditation schemes for energy assessors for DECs can be found on the Department for Communities and Local Government website at:
www.communities.gov.uk/epbd.
It is anticipated that many public authorities and institutions affected by this legislation will wish to get their employees trained and accredited as energy assessors. This is permissible as long as these employees are members of an accreditation scheme, to ensure that they meet the requirement to act in an independent manner. They will need to declare their relationship to the occupier on each certificate they produce. Another option would be to commission private accredited energy assessors.
3.5 Validity of DECs and advisory reports
Once a DEC has been produced for a building, it is valid for a period of 12 months beginning with the nominated date. The nominated date is a date no later than three months after the end of the period over which the operational rating is calculated. The date is nominated by the energy assessor who issued the certificate, most likely in agreement with the building occupier.
This three-month period allows the data, for the chosen 12-month period, to be collected and analysed, submitted to the accreditation body and for the display energy certificate to be lodged in the national register. No gap is allowed between successive accounting periods, but an overlap, of up to three months, is allowed to enable the accounting period for the DEC to be aligned with other accounting periods (for example for large building portfolios) or with other existing administrative periods.
The validity period for an advisory report begins with the issue date of the report (as specified on the report), not a ‘nominated date’ selected by the energy assessor. As with DECs, no gap is allowed between successive accounting periods. The permissible overlap between successive accounting periods is not defined and organisations may wish, for example, to align the production of advisory reports with building energy audits. Advisory reports are valid for seven years. The extended validity of advisory reports allows qualifying organisations to implement the energy improvement recommendations, and for those recommendations to have sufficient time to influence the operations of the building.
Assessing the Operational Rating of a building
4.1 What contributes to the operational rating of a building
An operational rating (OR) is a measure of the annual CO2 emission per unit of area of the building caused by its consumption of energy, compared to the value that would be considered typical for that particular type of building.
Factors that contribute to the operational rating include:
Building category. This determines which benchmark the building will be compared against. In certain circumstances, these benchmarks may be adjusted according to location, occupancy and allowed separable energy uses. Certain buildings have activities which span more than one of the building categories. In these cases it is possible to develop a composite benchmark which will be relevant to the building.
Location. This enables the standard conditions in the benchmark to be adjusted for local weather conditions.
Energy consumption. This is based on meter readings or suppliers’ estimates only and takes into account the synchronicity of measurement periods of different fuels.
Building area. This is the adjusted total useful floor area as defined in the Building Regulations (please see the glossary of terms for further information). Adjustments may be done to account for allowed separable energy uses, and inaccessible unconditioned spaces.
Separable energy uses. Some buildings may include activities that are not typical of their type e.g. office block with a regional server room in the basement. Including these activities could reduce the validity of a comparison and certain activities can be excluded from the calculation. The benchmarks include a list of allowable separable energy uses for each type of building. Conditions apply for the activity to be excluded, they include for example:
- T he activity must be listed as an allowable separable energy use within the benchmark for the type of building.
- The activity must have its energy use separately metered.
Occupancy. the number of occupied days and hours of occupancy. The OR method allows for extended occupancy (under certain circumstances) as well as standard occupancy. Adjustments to the standard occupancy assumptions in the benchmark can be made under certain conditions including:
- can demonstrate that the building is occupied for significantly longer periods than the standard hours quoted for the category; and
- has relevant supporting information available.
No adjustments are made for accessible unconditioned spaces in the calculation of the OR. The total useful floor area of any unconditioned spaces (for example attics and basements) should be reported on the full technical table.
If there is on-site generation of electricity from renewable energy, Low Zero Carbon (LZC) or Combined Heat and Power (CHP), this would be reflected in a reduced grid mains electricity demand (and with CHP, an increased fossil fuel demand). Similarly solar thermal heating would normally lead to a lower fossil fuel demand. Consequently, meter readings do not need to be adjusted.
It would be good practice to meter the outputs of all LZC sources in the building as use of LZC may otherwise mask fossil fuel consumption. All newly constructed buildings must have separate meters for LZC sources to comply with Building Regulations (ADL2A). Where the energy production from an LZC source is metered, then the energy produced by each may be acknowledged on the DEC and in the more comprehensive full technical table.
4.2 What the assessment involves
The occupier, in collaboration with the energy assessor, needs to gather the information about the building. The energy assessor has the option of producing recommendations from either a walk around survey or a desk based survey. The energy assessor may use data previously collected about a building. However produced, the energy assessor is responsible for ensuring any recommendations are both appropriate and representative of the building.
In order to use the approved OR software to produce the DEC and advisory report, the accredited energy assessor will need to access standard reference information. This ensures all energy assessors use the same reference information and this is made available by the Government through a web-based service called the Common Information Point (CIP). Accredited assessors can download this information and use it to produce the DEC and the advisory report. The contents of the CIP are updated every month and include approved benchmark information, approved monthly degree day information (see glossary of terms) for the weather regions of the UK, and a table allowing the appropriate weather region to be obtained from the building’s postcode.
The Government’s OR software (both DEC and advisory report generation) is held on each accreditation scheme’s website for download by accredited energy assessors only. A reduced version of the Government’s software is also held on the central register website for public access.
Applying the Regulations in practice
The examples given in this list are not an exhaustive list of all the possible situations. It should be assumed that all the examples given are buildings frequently visited by the public. They are for illustrative purposes. In cases of doubt independent legal advice should be sought.
The aim of the directive is for the public to receive energy information about a building they are visiting. The Department would seek to encourage the provision of this information, wherever possible, even if it is not legally required.
5.1 Public Authority or Institution providing public services occupying a building
In each case, the part must be designed or altered for separate occupation and use to be classified as a separate building. If they are not, then a DEC will be required for the whole building . Where a number of Public Authorities are in occupation in a single building, if the lead occupier provides a DEC for the building, then the other Public Authorities may be considered to have discharged their duties.
5.2 Public Authority or Institution providing public services sharing a building
This section amplifies the examples in 5.1, for situations where there are several tenants in one building.
5.3 Public Authority or Institution providing public services and frequently visited by a large number of persons occupying buildings that are linked
In both cases, the part must be designed or altered to be used separately to be classified as a separate building. If they are not, then the four units constitute one building which is more than 1,000 m2 which will require a DEC, even if units two and three were occupied by a private organisation.
In each case it will be a matter of fact and degree whether linked buildings are designed or altered for separate occupation and use. In the example above the link could combine the two blocks together as one building depending on the exact construction and arrangements for its use.
5.4 Public Authority or Institution providing public services and frequently visited by a large number of persons occupying buildings on a campus
The requirements are only for those buildings over 1,000m2 and occupied by a Public Authority or institution providing public services and frequently visited by the public. Consequently, if the total area of buildings on the site is greater than 1,000m2 but this area comprises several individual buildings none of which is greater than 1,000m2 (and fulfil the criteria above), the requirements do not apply.
It is recognised that many public authorities or institutions providing public services have campus style facilities where metering is at the site level rather than at the building level. In such cases the display energy certificates should be based on the metered site energy demands, and the energy used by each building would be determined from the site energy consumption on a simple area weighted basis. A DEC should be displayed and an advisory report should be done for each qualifying building.
5.5 Displaying the certificate
The display certificate must be ‘placed in a prominent place clearly visible to the public’. The certificate must conform to the approved layout and be produced by an accredited energy assessor; this will ensure that the content of the certificate is in an easily digestible and consistent form and at an approved size. It is recommended that the certificate should be displayed no smaller than A3 size.
In order to be clearly visible, the certificate should ideally be placed in the reception area (or entrance) or clearly visible from it.
A hard copy display must be provided as outlined above. Occupiers may wish additionally to:
- provide a valid certificate via a website or other publicly accessible media
- show the full technical table, available on request from the accredited energy assessor, that gives underlying details on the building and its energy performance
- display supplementary information to explain the contents of the certificate, including any reasons explaining poorer/better performance than previous years.
Consumer protection and enforcement
6.1 Checking the authenticity of a Display Energy Certificate
A DEC must be lodged, by an accredited energy assessor, in the central register for non-dwellings which contains all DECs and advisory reports. A DEC is identified by a unique reference number.
If you have commissioned a DEC for your building you will receive a copy of the certificate to display as required by the Regulations.
If you have been given a DEC and wish to check its authenticity, you can access the register by entering the reference number on the certificate. If you cannot find your certificate in the register or have any concerns regarding the authenticity of the information contained within the certificate, you should contact the accreditation body for the energy assessor who produced the DEC. The energy assessor details, their accreditation scheme and their membership number should be on the certificate.
A lodged DEC becomes legal when the accompanying advisory report has been lodged, and vice versa. No document (DEC or advisory report) lodged on its own is a legal document under the regulations.
6.2 Checking the authenticity of your energy assessor
All energy assessors must be accredited. If you want to find a suitably accredited energy assessor in your area to provide you with a DEC, use www.ndepcregister.com to find the list of approved assessors for your area.
If you wish to check that an energy assessor is a member of an accreditation scheme, you can do this in two ways:
- Verify the credentials of your energy assessor on-line via www.ndepcregister.com which provides a national register of accredited energy assessors. This will allow you to search by the energy assessor’s name or accreditation scheme membership number
- Ask your energy assessor which accreditation scheme he/she is a member of (and his/her membership number). The accreditation scheme can confirm that your energy assessor is accredited to practise as a DEC energy assessor for your particular type of building.
6.3 Complaints
Complaints about the availability or quality of a DEC or about an energy assessor or energy assessment, should be directed to the following:
1. Display of DECs. For complaints regarding the display or validity of a DEC for a public building, contact the building occupier or an authorised officer of the local Weights and Measures Authority (usually the person in that authority is known as a Trading Standards Officer). The authorised officers have the power to act on your complaints.
2. Quality or accuracy of the DEC and its recommendations. For complaints regarding the quality and accuracy of the DEC and the advisory report, contact the accreditation body of the energy assessor who produced the DEC. Contact details can be found on the DEC.
3. Complaints regarding an energy assessor or any aspects of the energy assessment. For complaints regarding the energy assessor or the energy assessment, contact the energy assessor in the first instance and if the matter is not resolved, contact the accreditation body of the energy assessor who produced the DEC. Contact details can be found on the DEC.
6.4 Penalties for not having a DEC
A local authority can issue a penalty charge notice of £500 for failing to display a DEC at all times in a prominent place clearly visible to the public, and £1,000 for failing to possess or have in their control a valid advisory report. In addition to these penalties, it will still be necessary to commission the documents, otherwise further offences will be committed.
If you can demonstrate that you have taken all reasonable steps to avoid breaching the regulations, then the penalty charge notice must be withdrawn.
If you believe the penalty charge notice should not have been given you can request a review. If you are not satisfied with the outcome of the review you may appeal to the county court within 28 days after you received notice confirming the penalty charge notice.