Issue - decisions

This item was chaired by Councillor Mike Todd-Jones

Matter for Decision

     i.        The Energy Performance of Buildings (England and Wales) Regulations 2012 sets out the legal obligation for landlords to provide energy performance certificates to new and prospective tenants in the majority of rented homes. Currently this legislation is only enforceable by the local weights and measures service, this service sits within the Cambridgeshire County Council remit.

    ii.        The Energy Performance Certificate hereinafter referred to as EPC provides a rating for the energy performance of a home. The rating ranges from A to G with A being the most efficient. The rating is based on factors such as age, layout, heating, lighting and insulation. The ratings were all carried out to a set standard meaning all property EPCs were directly comparable. The EPC was presented in such a way to allows occupiers / prospective occupiers of the property to make an informed decision relating to energy costs and the thermal efficiency of the building. Appendix A sets out where the regulations require that an EPC should be provided.

  iii.        A breach of the aforementioned regulations would take place if the person who is responsible for letting the property had not provided an EPC to new tenants where the regulations require them to do so. A penalty notice may be served by the enforcing authority for a breach of the regulations. The penalty notice is fixed at £200 where the building was a dwelling. There was a right of appeal to the county court if the responsible person feels the notice should not have been served, however in most cases the offence will be clear.

  iv.        The delegation of these powers from the County Council to Cambridge City Council would lead to an improved customer journey by creating the ability for complaints relating to private sector housing to be addressed accordingly by a single authority. A copy of the proposed delegation is attached Appendix B of the Officers report.

Decision of Executive Councillor for Housing

     i.        Approved for Cambridge City Council to seek delegation from Cambridgeshire County Council for Part 7 Enforcement of The Energy Performance of Buildings (England and Wales) Regulations 2012.

    ii.        Approved investigation and enforcement by the Council for non-compliance of providing an energy performance certificate in cases where it is deemed appropriate.

  iii.        Approved the Environmental Health Manager to make a decision on the continuation of the delegation on a biannual basis or to give notice to terminate the delegation as appropriate.

Reason for the Decision

As set out in the Officer’s report.

Any Alternative Options Considered and Rejected

Not applicable.

Scrutiny Considerations

The Committee received a report from the Project Officer (Private Rented Sector).

The Project Officer (Private Rented Sector) said the following in response to Members’ questions:

     i.        Confirmed that there would be some initial external funding. On-going costs (officer time) would be recovered from any fines imposed. It was not anticipated that the service would run at a lost but the situation would be monitored. 

    ii.        Enforcement of Energy Performance Certificate requirements would be difficult where a leaseholder was sub-letting and raising awareness was a better option.  

  iii.        The policy would only be applicable to domestic properties.

The Committee resolved unanimously to endorse the recommendations.

The Executive Councillor approved the recommendations.

Conflicts of Interest Declared by the Executive Councillor (and any Dispensations Granted)

No conflicts of interest were declared by the Executive Councillor.