Display Energy Certificates (DEC's) for Public Buildings - September 07
The obligation of DEC’s was introduced by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) 2007 making it compulsory for certain buildings to display a DEC.
Owners and Landlords will be required to comply with the legislation where they fall into the provisions detailed below. Landlords in particular will need to be mindful to ensure that the onus is on the Tenant to take responsibility for complying with the legislation. This can be done through a Statutory Compliance Clause in a Lease.
What buildings need a DEC?
A DEC will be required where the occupier is either an institute providing public services or a public authority with a total useful area of more than 1000m². (The Total useful floor area is defined as the total area of all enclosed spaces measured to the internal face of the external walls including areas such as staircases and galleries).
Institutes providing a public service will include; Schools (but not private schools), Leisure centres (but not private health clubs), Hospitals (but not private hospitals unless NHS patients are admitted), Libraries, Museums and Art galleries sponsored by public authorities.
Public authorities include; NHS Trusts, Healthcare Centres, Schools and Higher education authorities (including Universities), Police stations, Prisons and courts. Time will tell as to whether private care/nursing homes and post offices (amongst others) will be caught by the legislation.
DEC’s MUST be displayed at all times in a prominent location clearly visible to the public.
A DEC must be issued by an energy assessor who is accredited to produce such certificates.
What information needs to be displayed?
DEC’s are required to show information on;
• The actual energy usage of a building. This is done by reference to scale A-F (A the lowest (best) and F the highest (worst)).
• Information on the operational rating of the building over the preceding 2 years. This is to provide information on whether the building is improving its energy efficiency or not.
• The asset rating shown on the Energy Performance Certificate
A DEC should be accompanied by an Advisory Report (not required to be on public display) containing recommendations for improving the energy performance of the building.
A DEC is valid for 12 months and needs to be updated annually. The accompanying Advisory Report is valid for 7 years.
Penalties for Breach
Failure to comply with the above legislation may result in a penalty charge notice. The penalty is £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 have possession of a valid advisory report.
The requirement for DEC’s will be effective from 6 April 2008. Action is required now to ensure annual energy information is available by this date.
The Government have announced their intention to extend the DEC requirement to buildings occupied by the private sector where they are visited regularly by members of the public. Such an extension would require further legislation.
Philip Parkinson, Partner, Commercial Property |
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