Consultation on the recast of the Energy Performance of Buildings Directive

On 31st July, the government published its consultation on the proposed recast of the Energy Performance of Buildings Directive (EPBD).  One of the key proposals of this recast is to require the energy performance of existing buildings of any size that undergo major renovations to be upgraded to meet minimum energy performance requirements.  (The current threshold is 1,000m2).  The Commission is proposing that the Directive should be implemented for all public sector buildings by the end of 2010 and by January 2012 for all other buildings.

Plans for the recast were first announced in November last year.  Implementation of this Directive in England and Wales would presumably need to be via the Building Regulations (Part L).  In June, the government launched its consultation on the 2010 update of Part L.  But in that document, despite knowing about the likely changes to the EPBD, there is no mention of requiring homeowners to make ‘consequential improvements’ to their home when they renovate or extend the main building.   (Consequential improvements are defined as energy efficiency improvements made to the fabric of the original building when other renovation or extension work is taking place.)  This seems particularly odd since a question on consequential improvements was included as far back as the 2004 consultation on Part L; with 80% of respondents being in favour of such a requirement. 

Despite continuing, overwhelming support in this arena, the Building Regulations consultation gives no indication of how the government wishes to see the EPBD requirement implemented.  The Part L improvements are intended to come into effect in October 2010.  Just 2 months later, it looks likely that the UK will be required to introduce consequential improvements for all public sector housing, and just 15 months for all housing.  Why on earth is the government not consulting now on how this might be delivered? 
 
Meanwhile, bravely fighting against the government inertia on the issue, Uttlesford District Council has launched its own campaign for consequential improvements to be included in the Building Regulations.  Three years ago, the council introduced a similar requirement within the district: everyone granted planning permission for home extensions is required to put in cost-effective energy-saving measures in their existing properties.  It was the first council in the country to do this.  The policy has been well received by householders, with around 1,400 extensions affected to-date, saving almost 400 tonnes of CO2 per annum. 

In addition, Existing Homes Alliance member the Association for the Conservation of Energy has sent a legal challenge to CLG for “breach of legitimate expectation” in failing to include consequential improvements in their Part L consultation.  Watch this space...
To read more about the Part L consultation, please click here

More details on the Uttlesford campaign, including a suggested wording for responding to the government’s campaign, can be found here

The full EPBD consultation (comments on which are required by 2 October 2009) can be accessed here.