Legislation

The Kyoto protocol became international law on 16th February 2004 setting stringent targets for reducing green house gas emissions. The development and management of green buildings is becoming increasingly driven by legislation. The following links provide information about the most relevant legislation related to the development and management of green buildings.

• The Energy Performance of Buildings Directive (EPBD)
• EPBD (Certificates and Inspections – England and Wales)
• The Building Regulations Part L

The Environmental Protection (Duty of Care) Regulations 1991

The Duty of Care Regulations are set out in section 34 of the Environmental Protection Act 1990. They apply to anyone who is the holder of controlled waste. “Controlled waste" means any waste generated from the domestic, commercial or industrial sectors. Anyone who imports, keeps, carries, disposes or acts as a broker on behalf of other people, is classified under the Regulations as a “holder” of waste. The holder of waste must take all reasonable steps to ensure the waste is contained, stored and handled correctly, preventing any leaking or littering into the environment. The holder of waste must also ensure that the waste is transferred to an appropriately authorised carrier for recycling or disposal and must know the destination of the controlled waste. Under the Duty of Care Regulations, records of the nature and volumes of waste must be produced and kept by the waste producer. This information must also be transferred to the authorised carrier of the waste by way of Transfer Notes.

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Possible Future Legislation

• A future revised version of the EPBD would require mandatory compliance with standards that are currently voluntary. A revised EPBD may also require the energy performance of small buildings to be improved when they are renovated (currently this only applies to buildings of more than 1000m2).
• Meeting the Energy Challenge – A White Paper on Energy 2007
• Large non-intensive public and private sector organisations account for 10% of the UK’s emissions. A Carbon Reduction Commitment will apply to the largest organisations in this sector (those with mandatory half hourly metered electricity consumption greater than 6000MWh per year). This will involve a mandatory cap and trade scheme. This could be implemented using powers to set up new carbon trading schemes through the proposed climate change bill.
• There will be a consultation on the requirement to display Energy Performance Certificates in business premises in England and Wales.

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