Policy background Part 10: Energy Performance of Premises The Energy Performance of Premises
The Act includes sections which will give the Secretary of State, Scottish Ministers, and the Department of Finance in Northern Ireland the power to make changes to their existing Energy Performance of Buildings (EPB) regimes to ensure that they are fit for purpose and reflect the UK’s ambitions on climate change, including to support achieving the UK’s target for net-zero greenhouse gas emissions by 2050. The future regulations dealing with the energy performance of premises across the UK will need to play an increasingly important role if the UK is to achieve this goal. Energy certificates provide consumers, building owners and occupiers, and third parties with information on the energy performance of the premises stock and support effective decision-making on improving the energy efficiency of premises. "Premises" is defined as a building or a part of a building, such as a private home or apartment and includes any equipment, systems or facilities used by a building or part of a building, such as air-conditioning units, which are subject to separate energy certification under the existing EPB regime.
	The current EPB regime derives from EU Law and is reflected in the Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012/3118) (the EPB Regulations 2012) , the Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008 (S.I. 2008/170) and Energy Performance of Buildings (Scotland) Regulations 2008 (SSI 2008/309). Previously, Section 2(2) of the European Communities Act 1972 permitted the Secretary of State to make provisions for the purpose of implementing any EU obligation, including the power to legislate by means of orders, rules, regulations or other subordinate instruments. The EPB regime was largely implemented in the UK using this power. Pursuant to the European Union (Withdrawal) Act 2018, section 2(2) was repealed. The current EPB regime is classed as Retained EU Law as it was derived from EU Law. It therefore falls under the scope of the Retained EU Law (Revocation and Reform) Act 2023. The new power in the Energy Act will provide a replacement power, enabling the Scottish, Northern Irish and UK governments to amend, revoke or replace their existing EPB regimes to ensure they continue to meet UK-specific objectives. The power includes the power to make regulations requiring the assessment, certification and publication of information relating to the energy efficiency and energy usage of premises.