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European Comissions take legal action over UK green construction regulations failure

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Home » European Comissions take legal action over UK green construction regulations failure

The European Commission has begun legal proceedings against the UK government for not delivering a number of green construction regulations mandated by Brussels.  The dispute revolves around the government’s failure to clarify how it will comply with the Energy Performance of Buildings Directive (EPBD).  The requirements include providing Display Energy Certificates (DEC’s) to large privately-owned buildings that are visited by the public as well as introducing regulations for people to upgrade the energy efficiency of their homes when they are making other home improvements.

The EC has now written to the government to say it has started infraction proceedings, which could end up in European Court and cost a minimum fine of 9.6m euros.  The EPBD was passed by the EU in September 2010 and a legislation as to how the UK government was going to meet the objectives was supposed to have been published by 9 July 2012 with the measures operational by 9 January 2013.  However in September 2011 the government announced that it would no longer be rolling out DEC’s to the private sector, something which it had previously supported.

In March 2012, the prime minister’s office then appeared to drop plans brought forward to change Part L of the Building Regulations, called consequential improvements that would require home owners to make energy efficiency improvements through the Green Deal Building Regulations when making other home improvements.

The response to the consultation on the changes is set to be included within a wide-ranging review of Building Regulations undertaken by the Department for Communities and Local Government (DCLG), which is not scheduled to report until April 2013.  The government has until 21 November to reply to the EC’s letter.

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