Page type: primary-anchored (mirrors Energy Performance of Buildings (England and Wales) Regulations 2012)
Energy Performance of Buildings (England and Wales) Regulations 2012
Source: si-2012-3118-energy-performance-buildings.md Last updated: 2026-04-05
What this instrument does
The Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118) create the EPC, DEC and air-conditioning inspection regime for England and Wales. They implement the EU Energy Performance of Buildings Directive (recast, 2010/31/EU) and provide the enforcement mechanism for Minimum Energy Efficiency Standards (MEES) in the private rented sector.
Three certificate types
Energy Performance Certificates (EPCs) use an asset rating (standardised, design-based). Required on sale, rent, or construction. Valid 10 years. The seller or prospective landlord must make the EPC available free to the prospective buyer or tenant at the earliest opportunity, and no later than the first written information or viewing (Reg.6(2)). Marketing agents must obtain an EPC within 7 days of marketing (Reg.7(4)). EPCs for commercial premises over 500 sq m must be displayed (Reg.10). Marketing material must include the energy performance rating (Reg.11).
Display Energy Certificates (DECs) use an operational rating (actual consumption over time). Required for public authority buildings over 250 sq m that are frequently visited by the public. Must be displayed prominently at all times (Reg.14(3)(b)). A valid recommendation report must also be held (Reg.14(3)(a)). On change of occupier, the outgoing occupier transfers the DEC to the incoming occupier (Reg.16).
Air-conditioning inspection reports are required every 5 years for systems with effective rated output over 12kW (Reg.18(1)). An energy assessor inspects accessible parts of the system.
Asset rating vs operational rating
The distinction matters for policy. EPCs (asset rating) drive the MEES framework: the Energy Efficiency (Private Rented Property) Regulations 2015 use EPC ratings to set minimum lettable standards for the private rented sector. DECs (operational rating) drive public accountability for large public buildings. The two ratings for the same building can differ significantly because asset ratings reflect design assumptions while operational ratings reflect actual occupant behaviour.
Excluded buildings (Reg.2, Regs.9A, 15A)
Buildings owned or occupied by the Security Service, SIS, GCHQ, armed forces, Royal Family, prisons, and youth offender institutions have a parallel regime. Certificates are issued under Regs.9A and 15A to a restricted audience.
Defined terms
See the source file defined terms register for 14 defined terms including "asset rating", "operational rating", "energy assessor", "building", "dwelling", and "excluded building".
Cross-references
- Legal basis: European Communities Act 1972, s.2(2); Energy Act 2011, s.74
- EU origin: Energy Performance of Buildings Directive 2010/31/EU (recast)
- MEES framework: Energy Efficiency (Private Rented Property) (E&W) Regulations 2015
- Methodology: Building Regulations 2010, Reg.24
- Devolved equivalents: Scotland (SI 2008, as amended), Northern Ireland (SI 2008)
Character positions
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