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GLOSSARY
Energy Efficiency Action Plan follows from a communication by the Commission adopted in 2011 which proposes measures to enhance energy saving.
PRACTICE NOTES
ARCHIVED: This Practice Note has been archived and is not maintained. Key information EU Energy Efficiency Directive Title Directive 2012/27/EU of the European Parliament and of the Council of 25 October 2012 on energy efficiency, amending Directives 2009/125/EC and 2010/30/EU and repealing Directives 2004/8/EC and 2006/32/EC Entry into force 4 December 2012 Transposition deadline 5 June 2014—with the exceptions established in Article 28(1). National transposition measures See Eur-Lex information on national transposition measures, as provided by Member States Amendments —Directive 2013/12/EU adapting Directive 2012/27/EU on energy efficiency, by reason of the accession of the Republic of Croatia. It amended Articles 3(1)(a); 3(2) and 3(3)(d).—Directive (EU) 2018/844 amending Directive 2010/31/EU on the energy performance of buildings and Directive 2012/27/EU on energy efficiency (Article 4, on building renovation)—transposition deadline 10 March 2020.—Directive (EU) 2018/2002 amending Directive 2012/27/EU on energy efficiency—transposition deadline 25 June 2020; specific application date 25 October 2020 (see article 2)—Regulation (EU) 2018/1999 of the European Parliament and of the Council of 11 December 2018 on
PRACTICE NOTES
Date News Analysis Brief description of News Analysis 23 November 2022 BEIS publishes impact assessment on Retained EU Law (Revocation and Reform) Bill, LNB News 23/11/2022 59 The Department for Business, Energy & Industrial Strategy (BEIS) has published an impact assessment relating to the Retained EU Law (Revocation and Reform) Bill. The assessment provides a summary of the government's original position at the point the Bill was introduced, prior to the current government coming in, and notes the reasons for not opting for a later sunset date. 22 November 2022 Energy sector—Retained EU law reform—bonfire of laws or death by judicial review Munir Hassan, partner, Juliet Stradling, senior counsel, Phillip Ashley, partner, James Wright, associate, and Natasha Kenber, trainee solicitor, at CMS, discuss the Retained EU Law (Revocation and Reform) Bill and how it may impact the energy sector. 28 September 2022 Brexit Bulletin—agenda for third meeting of Specialised Committee on Energy published, LNB News 28/09/2022 33 The UK government has published the provisional draft agenda for the third meeting of the Specialised
GLOSSARY
A certification giving a property an efficiency'>energy efficiency rating from A (high) to G (low) by looking at various factors (eg age, type, construction, insulation, heating systems) to promote the improvement of the energy performance of buildings and identify ways to improve energy performance and reduce associated costs.
PRACTICE NOTES
STOP PRESS: The Energy Performance of Buildings (Scotland) Regulations 2025, SSI 2025/417 (EPC Regs 2025) revoke and replace the Energy Performance of Buildings (Scotland) Regulations 2008, SSI 2008/309 (EPC Regs 2008), updating Scotland’s energy performance framework for all buildings. EPC Regs 2025, regs 11 and 12 are in force from 1 January 2026 enabling the approval of organisations and of accreditation schemes. However, the Scottish Government has announced (March 2026) that the provisions introducing the new-style EPC regime will not come into force on 31 October 2026 as originally planned. The current EPC regime under the EPC Regs 2008 remains in place pending a revised implementation timetable. See Reform of EPCs below. How do EPCs apply to commercial property in Scotland? This Practice Note looks at how the EPC Regs 2008, SSI 2008/309 (as amended) apply to commercial property in Scotland. The EPC Regs 2008 require: • an EPC to be produced on the sale, rent or construction of a building • an EPC to be accompanied by
NEWS
Ireland—Property analysis: This article, written by Brian O’Rourke, partner (Real Estate), Deirdre Barrett, partner (Real Estate) and Deirdre Sheehan, partner (Real Estate) of Arthur Cox LLP, examines Ireland's initial transposition of Directive (EU) 2024/1275, the recast Energy Performance of Buildings Directive. It outlines reforms to the Building Energy Rating (BER) regime, including the introduction of a simplified BER scale and a zero-emission building (ZEB) category, explains the interaction with existing building regulations and considers the remaining measures to be transposed, including future ZEB standards and minimum energy performance requirements for existing buildings.
NEWS
Environment analysis: The UK government has launched a consultation to reform the Energy Performance of Buildings (EPB) regime, a crucial step towards achieving the nation’s ambitious net-zero targets by 2050. This extensive consultation, which runs until 26 February 2025, seeks to gather input on several key areas of the EPB framework. Here, we delve into the background leading up to this consultation, the key areas being consulted on, and likely next steps. Written by Victoria Duxbury, Lead Knowledge Counsel—Real Estate, BCLP.
GLOSSARY
[means products or systems that use as little electricity, gas, or other forms of energy as possible. OR means the amount of energy saved following implementation of energy efficient measures or practices. OR means an amount of saved energy determined by measuring and/or estimating consumption before and after implementation of one or more energy efficiency improvement measures, while ensuring normalisation for external conditions that affect energy consumption. OR means the amount of energy saved per annum and expressed in kilowatt hours (kWh) and that result from the [measures specified in Schedule [X]].]
PRACTICE NOTES
ESOS is an energy assessment and energy savings scheme. It is mandatory for organisations that meet the qualification criteria, ie large undertakings and their corporate groups. It derives from the Energy Efficiency Directive 2012/27/EU, art 8(4)–(6), which requires EU Member States to ensure that enterprises that are not small and medium enterprises (SMEs) are subject to an energy audit carried out at least every four years. For more information, see Practice Note: Energy Efficiency Directive 2012/27/EU—snapshot [Archived]. The requirements of the Energy Efficiency Directive, art 8(4)–(6) were implemented in the UK through the Energy Savings Opportunity Scheme Regulations 2014, SI 2014/1643 (ESOS Regulations). The ESOS Regulations were made on 24 June 2014 and came into force on 17 July 2014. The Energy Act 2023 has granted powers to make necessary changes to ESOS post-Brexit, and the Energy Savings Opportunity Scheme (Amendment) Regulations 2023, SI 2023/1182 have made changes in advance of the Phase 3 compliance deadline. Substantive changes have also been made by the Energy Savings Opportunity Scheme (Amendment) Regulations
PRACTICE NOTES
Energy Savings Opportunity Scheme (ESOS) ESOS is an energy assessment and energy savings scheme. It is mandatory for organisations that meet the qualification criteria, ie large undertakings and their corporate groups. It derives from the EU Energy Efficiency Directive 2012/27/EU, art 8(4)–(6), which requires EU Member States to ensure that enterprises that are not small and medium enterprises (SMEs) are subject to an energy audit carried out at least every four years. For more information, see Practice Note: Energy Efficiency Directive 2012/27/EU—snapshot [Archived]. The requirements of the Energy Efficiency Directive, art 8(4)—(6) were implemented in the UK through the Energy Savings Opportunity Scheme Regulations 2014, SI 2014/1643 (ESOS Regulations). The ESOS Regulations were made on 24 June 2014 and came into force on 17 July 2014. From 26 October 2015, minor amendments were made to the regulations by the Energy Savings Opportunity Scheme (Amendment) Regulations 2015, SI 2015/1731 and the Energy Savings Opportunity Scheme (Amendment) (EU Exit) Regulations 2018, SI 2018/1342. The Energy Act 2023 has granted powers to make necessary changes to
PRACTICE NOTES
The Energy Savings Opportunity Scheme (ESOS) ESOS is an energy assessment and energy savings scheme. It is mandatory for organisations that meet the qualification criteria. It derives from the EU Energy Efficiency Directive 2012/27/EU, art 8(4)-(6), which requires EU Member States to ensure that enterprises that are not small and medium enterprises (SMEs) are subject to an energy audit carried out at least every four years. The requirements of the Energy Efficiency Directive, art 8(4)—(6) were implemented in the UK through the Energy Savings Opportunity Scheme Regulations 2014, SI 2014/1643 (ESOS Regulations). The Energy Act 2023 granted the powers to make necessary changes to ESOS post-Brexit, and the Energy Savings Opportunity Scheme (Amendment) Regulations 2023, SI 2023/1182 made changes in advance of the Phase 3 compliance deadline. ESOS has been further amended by the Energy Savings Opportunity Scheme (Amendment) Regulations 2026, SI 2026/701. Organisations that qualify must undertake an energy assessment and audit of their total energy consumption. In most cases, the audit needs to be conducted or
PRACTICE NOTES
What is the Energy Savings Opportunity Scheme (ESOS)? ESOS is an energy assessment and energy savings scheme. It is mandatory for organisations that meet the qualification criteria. It derives from the EU Energy Efficiency Directive 2012/27/EU, art 8(4)–(6), which requires EU Member States to ensure that enterprises that are not small-medium enterprises are subject to an energy audit carried out at least every four years. For more information, see Practice Note: Energy Efficiency Directive 2012/27/EU—snapshot [Archived]. The requirements of the Energy Efficiency Directive, art 8(4)–(6) have been implemented in the UK through the Energy Savings Opportunity Scheme Regulations 2014, SI 2014/1643. The Energy Act 2023 has granted powers to make necessary changes to ESOS post-Brexit, and the Energy Savings Opportunity Scheme (Amendment) Regulations 2023, SI 2023/1182 have made changes in advance of the Phase 3 compliance deadline. Substantive amendments have also been made by the Energy Savings Opportunity Scheme (Amendment) Regulations 2026, SI 2026/701. Organisations that qualify must undertake an energy assessment and audit of their siginificant energy consumption (or total energy consumption,