Summary
Amendment Regulations 2016 to the Energy Performance of Buildings (England and Wales) Regulations 2012. Key changes include: new definitions for asset rating, energy performance, excluded buildings (security services, armed forces, Royal Family, prisons, young offender institutions); new Regulation 7A requiring EPCs on construction with 5-day deadlines and local authority notification; new Regulations 9A, 15A, 19A creating separate regimes for excluded buildings exempt from public register requirements; increased registration fees; new Regulation 30A permitting bulk data publication on websites; and various enforcement amendments. Revokes Regulation 31 (disclosure of bulk access data) and Regulation 33 (fee for bulk disclosure).
Reason
The regulation exemplifies how energy performance policy has become a vehicle for bureaucratic expansion rather than genuine efficiency gains. The excluded building categories (security services, armed forces, Royal Family, prisons) create arbitrary exemptions based on political influence rather than any coherent energy policy rationale—buildings whose owners have lobbying power escape the regulatory burden while ordinary property owners bear ongoing compliance costs. Regulation 7A adds construction-phase bureaucracy with 5-day completion deadlines and local authority notification requirements, imposing friction on development without demonstrated corresponding benefit. The register fees and mandatory data entry requirements create a government-mandated administrative monopoly. The policy's fundamental assumption—that buildings cannot be traded or occupied without government-certified energy assessments—is paternalistic and ignores that energy costs are already visible through utility bills. The regulation does not achieve its stated goal in a way that is hard to replicate through market mechanisms or contractual arrangements between parties.