Regulation Amendment – Mandatory display and submission of energy performance certificates for buildings

The Department of Mineral Resources and Energy has published an amendment to the “Mandatory Display and Submission of Energy Performance Certificates for Buildings” regulation published back in December 2020.

Note – although published, the 2023 amendment has not as yet been promulgated and will come into force on a date yet to be published in a future gazette.

The 2020 regulations provided that the owner of a building, other than that owned, operated or occupied by an organ of state must within two years of the 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.

NB – It remains mandatory for privately owned buildings that fall within the qualifying criteria above to obtain and display an Energy Performance Certificate (valid for five years)

The 2023 regulation amendment applies to the same categories of building as set out in 2020 regulation (see above) and proposes that –

  • After July 2024, the Energy Performance Certificate [EPC] may be issued by registered professionals and not only by accredited bodies
  • The accounting officer will have to register the type and size of the building with South African National Energy Development Institute [SANEDI] within 12 months of the promulgation of the amended regulations.
  • As was the case in the past, the accounting officer is required to submit an Energy Performance Certificate to SANEDI within three months of the date of issue

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