Background Information

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Purpose of the Directive
1. On 4 January 2003, Directive 2002/91/EC of the European Parliament and of the Council came into force. The objective of this Directive is to promote improvement of the energy performance of buildings and Member States of the European Union need to bring into force the laws, regulations and administrative provisions necessary to achieve compliance.

Application and Timetable
2. By taking forward the Directive using the building standards system, many of the primary legislative measures were already in place, particularly with regard to enforcement issues, sanctions and most importantly, maintenance of the procedures which underlie the implementation strategy.

3. Following a public consultation issued on 15 May 2006 by the Scottish Building Standards Agency (SBSA) it was decided that the implementation of Article 7 relating to the generation and display of Energy Performanace Certificates (EPCs) would be rolled out as follows:
Construction - May 2007
Sale - 2008*
Rental - January 2009
Public buildings - Summer 2008
* introduction to align with proposed Single Survey

Delivery
4. Article 10 of the Directive requires that the certification of buildings be carried out "in an independent manner by qualified and/or accredited persons". in Scotland for existing buildings these independent assessments can be undertaken by recognised professional and trade organisations. The SBSA will enter into protocol arrangements with these bodies providing that they meet basic criteria which include:

• the membership are required to adhere to a published code of conduct;
• have disciplinary procedures in place;
• undertake that members will obtain appropriate training to allow for completion of a EPC.

Organisation Details - SBSA
5. the SBSA has been set up as an executive agency of the Scottish Executive to undertake the national functions related to the new building standrads system. One purpose of the building standards system is to ensure that the new buildings and work on existing buildings are designed and constructed to secure the health, safety, welfare and convenience of persons in and around buildings, to further the conservation of fuel and power, and further the achievment of sustainable development. Regulations are made by Scottish Ministers, subject to approval by the Scottish Parliament and compliance with these for individual buildings is checked by verifiers (local authorities).

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Organisation Details - RICS
6. The Royal Institution of Chartered Surveyors (RICS) was established in 1876 and is a 'standards and membership' organisation for professionals involved in land, property, construction and environmental issues. The organisation has three main roles to:

• maintain the highest standards of education and training;
• protect consumers through strict regulation of professional standards; and
• be the leading source of information and independent advice on land, property, construction and associated environmental issues.

Copies of the Agreement between the Scottish Building Standards Agency (SBSA) and The Royal Institution of Chartered Surveyors (RICS) and the Table of Documents which form Part of the Protocol are available from the PDF Downloads section.

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