What is an Energy Performance Certificate?

The Minister of Mineral Resources and Energy has, under section 19(1) (b) of the National Energy Act published regulations for the mandatory display and submission of Energy Performance Certificates for buildings in Notice 700 of Government Gazette 43792 of 8 December 2020.

In Brief: If you own or are responsible for a building which has a total net floor area of over 1000 m2 then you need to read further to ascertain whether these regulations do affect you.

Owners must display a certificate of the building’s “energy performance” at the building’s main entrance. The energy performance refers to the net energy consumed in kilowatt hours per square meter per year – including for heating, hot water heating, cooling, ventilation and lighting. An energy performance certificate must also be submitted to the South African National Energy Development Institute.

Similar energy performance certificate systems are currently in operation in the EU and the UK, where it was launched in 2007.

The objectives of the Regulations are:

1. to introduce mandatory requirements for the display of energy performance certificates in non-residential buildings and
2. to provide for the submission of energy performance certificates by organs of state and owners of buildings

An “Energy Performance Certificate” is a certificate issued by an accredited body in respect of a building in accordance with the South African National Standard SANS 1544: 2014 Energy performance certificates for buildings, published by the South African Bureau of Standards in terms of the Standards Act, 2008 (Act No. 8 of 2008) that indicates the energy performance of that building.

BA Systems provide on-site metering and display equipment in order to dynamically display a building’s Energy Performance and to measure the overall performance to enable an “Energy Performance Certificate” to be issued.

Such metering can also form a core part of a buildings overall Building Management System.

In terms of the regulations:

The accounting officer of an organ of state must, within two years of these Regulations coming into effect, publically display an energy performance certificate at the entrance of a building that is owned, operated or occupied by that organ of state, provided that the building –

(a) has a dominant occupancy classification in terms of Regulation A20 of the National Building Regulations as Al (Entertainment and public assembly), A2 (Theatrical and indoor sport), A3 (Places of instruction), or GI (Offices);

(b) is in operation to meet a particular need associated with the use of the building for a period of two years or longer, and has not been subject to a major renovation within the past two years of operation; and

(c) has a total net floor area of over 1000 m2.

The owner of a building, other than that owned, operated or occupied by an organ of state must within two years of these Regulations coming into effect, publically display an energy performance certificate at the entrance of that building; provided that the building-

(a) has a dominant occupancy classification in terms of Regulation A20 of the National Building Regulations as Al (Entertainment and public assembly), A2 (Theatrical and indoor sport), A3 (Places of instruction), or G1 (Offices);

(b) is in operation to meet a particular need associated with the use of the building for a period of two years or longer, and which has not been subject to a major renovation within the past two years of operation; and

(c) has a total net floor area of over 2000 m2.

The validity of the energy performance certificate must not exceed five years from the date of issue.

Failure to publically display the energy performance certificate in terms of these Regulations is an offence in contravention of the Act.

Compulsory submission of energy performance certificate

The accounting officer of an organ of state or the owner of a building other than those owned, operated or occupied by an organ of state must submit a certified copy of the energy performance certificate to SANEDI in respect of every building contemplated in regulation 3 within three calendar months of the date of issue of the certificate.

SANEDI must maintain a National Building Energy Performance Register, which must include the particulars of all valid building energy performance certificates.

Monitoring of energy performance certificates

The monitoring of the display of energy performance certificates in terms of these Regulations may be carried out by the Department or a representative appointed by the Department.

In the case of the Department appointing a representative to monitor the display of energy performance certificates in non-residential buildings, the Department must notify the organ of state or owners of buildings in writing.

These Regulations are called the Regulations for the Mandatory Display and Submission of Energy Performance Certificates for Buildings, 2019 and will come into effect upon publication in the Gazette (8 December 2020).

CLICK HERE to read the Energy Performance Certificates Government Gazette.

Video: What is an Energy Performance Certificate?

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