Background

On 2nd March 2010, CLG published a consultation document on `Making better use of Energy Performance Certificates and data'. As part of this consultation process, CLG and the Energy Efficiency Partnership for Homes (EEPH) hosted a workshop to talk to stakeholders about the proposals and to help them submit informed responses to the consultation.

The event was split into three parts, and delegates could opt for which sessions they wanted to attend:

Session 1: Domestic considerations

Session 2: Data

Session 3: Non-domestic considerations

The attendance list in Appendix 1 shows all delegates who attended at least one session. This report summarises the key themes and issues arising across all three sessions. All delegates were encouraged to also submit a written response to the consultation, the closing date for which is Tuesday 25^th May 2010.

Session 2: Data

, the facilitator for the event, introduced a briefing paper for the session prepared by CLG (see Appendix 3) and invited any questions of clarification from delegates. It should be noted that this session covered data for both the domestic and non-domestic sectors.

Q2.1: What is the difference between level 1 and level 2 access to data?

A2.1: Level 2 was introduced in relation to local carbon frameworks which were set out in HEM. As we don't know the status of HEM now it may be easier just to think in terms of address level data and anonymised data.

Q2.2: Would data passed on to EST and local authorities then be passed on to installers for commercial gain? This could lead to deal making between local authorities and contractors, and householders not getting the best price.

Comment: Local authorities want access to data to enable them to direct their policies and resources in the best way to improve energy efficiency in homes. They contract firms to upgrade homes on an area based basis they do not simply pass information on to commercial businesses.

Q2.3: As far as CLG are concerned, any data containing an address is classed as personal data, but the validity of this position could be disputed.

A2.3: Address level data is on the cusp of data protection, and so CLG is erring on the side of caution. If data is easily attached to a name (i.e. by matching to the electoral register) it should certainly be covered by data protection and CLG must adhere to this.

Comment: Information relating to a property is listed on the land registry - this is not covered by data protection so why is EPC data? There is already so much information in the public domain - EPC data needs to be held on an open database.

Delegates then discussed the data proposals in depth in small groups, before sharing ideas in plenary session. In particular, CLG was interested to find out:

There was strong support amongst delegates for more disclosure of information, and some delegates made the case that all EPC data should be available to everybody. As a minimum, ratings and recommendations at address level should be available, as this is the critical information. It was suggested that data could be collated into colour-coded maps at a community level to show the energy efficiency of the local housing stock in a simple way; this could also help with national and local targeting.

One delegate suggested that CLG could charge for this data; others however thought it should be made available free of charge. Passing data to the private sector supply chain would help to make change happen: we can't rely on public sector grants. Delegates felt there were already safeguards in place to protect people from mail shots, sales calls etc - why are we making it so difficult to sell energy efficiency measures? The point was made that if data is made freely available, the safeguards that are put in place must be transparent. Consumers must be able to complain if they feel their personal data is being misused.

Since last August, the EST has been permitted access to data on F and G rated homes, but on a very restricted basis: EST writes to the property owner four months after they move in and urges them to take action - no further follow up is allowed. The data is destroyed after 18 months. As this is a new initiative, monitoring data is not yet available.

In some cases, such as for rented property, it would still be difficult to contact the right person to enable action to be taken: it is the tenant's details that are attached to the property, but the landlord who makes the investment decisions. There was also some concern that EPC data might be skewed and so the consolidated data might not be too accurate, for example because EPCs must be issued when dwellings are sold or rented, lots of rental flats are likely to be within the dataset.

Fiscal incentives were discussed, and again a tax neutral system to encourage action to be taken was suggested. However, there is a difficulty in using fiscal incentives in the non-domestic sector because the way buildings are classified for business rates differs from the way they are classified under EBPD, making apportionment of taxes difficult. CRC should motivate improvement in the commercial sector. A quality scheme for installers would also help investment decisions.

Concerns were raised about the software for issuing Display Energy Certificates (DECs), particularly when applying certification to new sectors such as shops.

Appendix 1: Attendees

The event was facilitated by and of SE² Ltd.

Appendix 3: Data Briefing

Background

Energy performance data has an important role to play in supporting our carbon reduction aims by providing information about the energy efficiency of buildings and practical advice on improving performance.

Access to England and Wales domestic and non-domestic energy performance data registers is controlled by regulations. Current disclosure restrictions were designed to protect the data and ensure that any disclosures are made in the public interest.

Making better use of energy performance data

CLG have proposed a staged approach which would give different levels of access to anonymised and address-level energy performance data.

Safeguards would need to be put in place to make sure that any access to personal data adhered to the requirements set out in the Data Protection Act.

The questions we would like your views on today are:

The consultation paper can be downloaded here: http://www.communities.gov.uk/publications/planningandbuilding/epceffectivenessconsult

Energy Performance of Buildings (Certificates and Inspections)(England and Wales) Regulations 2007 as amended

1

A report prepared for the

Energy Efficiency Partnership for Homes

May 2010

Making better use of

Energy Performance Certificates and data

May 2010

Event facilitated and report prepared by: SE² Ltd

EPC Consultation Event

May 2010

Energy Efficiency Partnership for Homes

SE² Ltd