Q&As

Is ‘public authority’ defined in the Energy Performance of Buildings (England and Wales) Regulations 2012 or in the Energy Performance of Buildings Directive 2010/31/EU? Does a school academy, which is independently financed and outside the Local Education Authority’s control, require a Display Energy Certificate?

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Produced in partnership with David Green of 12 King's Bench Walk
Published on LexisPSL on 07/03/2018

The following Planning Q&A produced in partnership with David Green of 12 King's Bench Walk provides comprehensive and up to date legal information covering:

  • Is ‘public authority’ defined in the Energy Performance of Buildings (England and Wales) Regulations 2012 or in the Energy Performance of Buildings Directive 2010/31/EU? Does a school academy, which is independently financed and outside the Local Education Authority’s control, require a Display Energy Certificate?
  • Definition of public authority
  • Requirement for a DEC

Is ‘public authority’ defined in the Energy Performance of Buildings (England and Wales) Regulations 2012 or in the Energy Performance of Buildings Directive 2010/31/EU? Does a school academy, which is independently financed and outside the Local Education Authority’s control, require a Display Energy Certificate?

Definition of public authority

Unfortunately, we are unable to find a definition of ‘public authority’ in the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 or Directive 2010/31/EU. We have also been unable to find a relevant definition in government guidance. Government guidance does give some examples of a public authority, ‘eg council, leisure centre, college, NHS trust’, but does not offer a full definition.

In 2015, the government published a consultation, ‘Improving the Display Energy Certificates regime for public buildings’, which stated:

‘we intend to define the terms “public authority” and “frequently visited by the public” to clarify when Display Energy Certificates and recommendation reports are required, and by which organisations. This clarity should benefit both property owners and enforcement bodies’

However, an outcome has not been published.

In relation to access to environmental

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