A long-awaited amendment to the Energy Performance of Buildings Regulations, which underpins production of Energy Performance Certificates (EPCs) in England and Wales is due to come into force on 24th June 2024.

This amendment paves the way to allow for energy assessment and EPC data to be shared with the property owners, occupiers and landlords; or third parties with the consent of those listed, by accreditation schemes or energy assessors.

Why is this important?

Registered Social Landlords own and manage some of the most energy efficient properties in the UK due, in part, to the enthusiastic use of Energy Performance Certificates (EPCs) and energy data, alongside schemes such as the Housing Health and Safety Rating System (HHSRS).

Since December 2021 accreditation schemes, including Elmhurst, have been unable to supply the comprehensive energy data that sits behind every EPC as a result of a legacy restriction within the primary legislation that was designed to prevent misuse by commercial operators.

Elmhurst, working closely with other industry stakeholders, have been lobbying hard for this position to change and we are delighted to report that a draft amendment to primary legislation was considered in parliament on 15^th May and, unless there is unforeseen delay, will take effect on 24^th June 2024.

Elmhurst’s Managing Director, Stuart Fairlie, comments: “This is the end of a long journey for Elmhurst, and the industry, and we are delighted with the outcome. EPCs are one output of an energy assessment that includes data that is incredibly valuable for building owners and occupiers. After a two year hiatus we can once again provide our social landlord customers with the information and data to drive their energy efficiency strategies, ensuring that their properties remain at the forefront of energy efficiency thereby reducing fuel poverty, reducing climate emissions and improving fuel security. We are also thankful for the patience of all our social landlord and asset management companies whose energy efficiency aspirations needed to be put on hold whilst the legislation was being amended.”

In our meeting with government it was made clear that whilst the legislation permits the sharing of data, nothing can be shared until rules and controls have been agreed with the industry, and published in The Scheme Operating Rules. Even when implemented there will be no obligation on assessors or schemes to share data. Elmhurst will be contacting members and customers to explain the implications of this important change as soon as they are known.

You can take a look at the full amendment here: https://www.legislation.gov.uk/uksi/2024/640/made