Legislation
Climate Change Act 2008

• A legally binding target of an 80% reduction in carbon emissions on 1990 levels by 2050 
• An interim target of a 26% to 32% reduction by 2020, as well as 5 year ‘carbon budgets’, set in advance
• New powers to enable the government to implement emissions policies more easily

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Energy Act

Aims to implement all the legislative aspects mentioned in the 2007 Energy White Paper, and will provide for the introduction of feed-in tariffs for renewable electricity and incentives for renewable heat.

Planning Act

Along with the Climate Change and Energy Acts, the Planning Act was given Royal Assent in November 2008. It requires local authorities to provide policies which result in development schemes contributing to climate change mitigation and adaptation. This reinforces the PPS on climate change and will significantly affect property developers, their advisors and regulators.

The Energy Performance of Buildings Directive (EPBD)

The main objectives of the EPBD are:

• To promote the improvement of the energy performance of buildings
• To promote the convergence of building standards towards high common standards

It is estimated that the improved energy efficiency measures will save 1 million tones of carbon annually by 2010.

In November 2008, the new, recast EPBD draft was published and states that all existing buildings should meet energy efficiency levels when they undergo a major renovation.

There may be further revisions to existing law as the above proposals issued by the European Commission in November will be considered by Parliament later this year.

Energy Performance Certificates (EPCs) demonstrate the energy efficiency of buildings on a scale of A to G. They measure the intrinsic energy performance of the building based on its design, will have to be renewed every ten years and must be shown on points of construction, sale and letting for nearly every building.

Display Energy Certificates (DECs) show the actual annual energy usage of a building in a publicly visible certificate and are only required for buildings that are occupied either by a public authority or an institution providing a public service to a large number of people. It is thought that privately occupied commercial property will be required to have DECs by the end of 2009.

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Site Waste Management Plans (SWMPs) SWMPs are compulsory for all construction projects over £300,000,00 and are intended to reduce construction and demolition waste which, at the last count (2004), was 107.2 million tonnes (i.e. 32% of UK total waste).

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Home Information Packs (HIPs) These are compulsory for all homes on the market in England and Wales. Each one contains a set of documents that provides the buyer with key information on the property and must be provided by the seller or the seller’s agent. The HIP lets buyers see important information on the property at the start of the process. The compulsory information contained is an EPC, a HIP index, sustainability information (required for newly built homes only), sale statement, evidence of title, and standard searches (local authority and drainage and water). For leasehold properties a copy of the lease is also required. Optional documents include the Home Condition Report, a legal summary, home use/contents form and other documents such as specialised search reports.

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Current European Policy and Law

Current European policy and law, in addition to the EDBD, with implications for the UK, include:

• A Low Carbon Future: European Commission proposals for accelerating the development of low carbon energy supplies. This is being debated by the Council of Ministers and European Parliament.
• VAT on energy efficient goods and services: This concerns the Heads of Government agreeing to consider EU-wide changes. The Commission is currently reviewing the VAT Directive.
• Eco-design Directive: The official committee is now producing detailed proposals on the design of energy-consuming products. They are being progressively forwarded to the Parliament.
• Green Paper on a Sustainable Energy Network: This includes proposals on resolution of planning issues and a number of examples of major EU network projects which the EU could promote.
The Hazardous Waste Regulations 2005

These regulations have been amended by the Hazardous Waste Regulations 2009. They provide information about the changes to the controls on hazardous waste that apply in England.

Defintition of zero carbon homes & non-domestic buildings

On 17 December 2008 the CLG issues its consultation paper on the 'Definition of Zero Carbon Homes and Non-Domestic Buildings'. The main focus of this was defining 'zero carbon' and how this can be managed through the plannign system but it clearly had implications for the regional priorities of new house building and climate change.

A key aim was to balance the need to meet new house building targets and to reduce the UK's carbon emissions from buildings, which account for 44% of the total output (27% from homes). The consultation closed on 18 March 2009.

WEEE Regulations The Waste Electrical and Electronic Equipment (WEEE) Regulations apply to equipment with a voltage of up to 1000 volts for alternating current or up to 1500 volts for direct current. The regulations aim to reduce waste from electrical and electronic equipment, encourage the separate collection of WEEE, as well as treatment, reuse, recovery, recycling and sound disposal of WEEE. They also make producers of EEE responsible for the environmental impact of their products, and improve the environmental performance of all those involved during the lifecycle of EEE.