Issue - meetings

Report of Chief Operating Officer

Purpose of report

To seek approval to enforce legislation applicable to:

a)    Domestic Private Rented Energy Performance Certificates (EPCs)

b)    Commercial Minimum Energy Efficiency Standards (MEES)

following the delegation of powers under: The Energy Performance of Buildings (England and Wales) Regulations 2012 and under The Energy Efficiency  (Private Rented Property)(England and Wales) Regulations 2015, from Oxfordshire County Council

Recommendations

The Executive is recommended to:

 1.1          Accept the delegation of powers to enable Cherwell District Council to carry out enforcement of Energy Performance Certificate (EPC) provisions under The Energy Performance of Buildings (England and Wales) Regulations 2012.

1.2           Accept the delegation of powers to enable Cherwell District Council to carry out  the enforcement of the Minimum Energy Efficiency Standards (MEES) in commercial property under The Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015.

1.3     Authorise the Chief Operating Officer, acting in consultation with the Director Law and Governance and the Corporate Director Finance, to enter into all necessary and appropriate contracts and agreements to implement the delivery of the enforcement work on behalf of Oxfordshire County Council (OCC).

1.4     Delegate authority to the Chief Operating Officer to perform the enforcement duties of Oxfordshire County Council (OCC) set out in any such agreements referred to above.

Resolved

(1)            That the delegation of powers to enable Cherwell District Council to carry out enforcement of Energy Performance Certificate (EPC) provisions under The Energy Performance of Buildings (England and Wales) Regulations 2012 be accepted.

(2)            That the delegation of powers to enable Cherwell District Council to carry out the enforcement of the Minimum Energy Efficiency Standards (MEES) in commercial property under The Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015 be accepted.

(3)            That the Chief Operating Officer, acting in consultation with the Director Law and Governance and the Corporate Director Finance, be authorised to enter into all necessary and appropriate contracts and agreements to implement the delivery of the enforcement work on behalf of Oxfordshire County Council (OCC).

(4)            That authority be delegated to the Chief Operating Officer to perform the enforcement duties of Oxfordshire County Council (OCC) set out in any such agreements referred to above.

The Chief Operating Officer submitted a report to seek approval to enforce legislation applicable to Domestic Private Rented Energy Performance Certificates (EPCs) and Commercial Minimum Energy Efficiency Standards (MEES).

Resolved

(1)            That the delegation of powers to enable Cherwell District Council to carry out enforcement of Energy Performance Certificate (EPC) provisions under The Energy Performance of Buildings (England and Wales) Regulations 2012 be accepted.

(2)            That the delegation of powers to enable Cherwell District Council to carry out the enforcement of the Minimum Energy Efficiency Standards (MEES) in commercial property under The Energy Efficiency (Private Rented Property)(England and Wales) Regulations 2015 be accepted.

(3)            That the Chief Operating Officer, acting in consultation with the Director Law and Governance and the Corporate Director Finance, be authorised to enter into all necessary and appropriate contracts and agreements to implement the delivery of the enforcement work on behalf of Oxfordshire County Council (OCC).

(4)            That authority be delegated to the Chief Operating Officer to perform the enforcement duties of Oxfordshire County Council (OCC) set out in any such agreements referred to above.

Reasons

Accepting the delegation from OCC of the enforcement powers proposed in this report will allow the two councils to develop shared working arrangements that will improve enforcement of the legislation relating to Energy Performance Certificates (EPCs) and Minimum Energy Efficiency Standards (MEES) and add to our ability to improve conditions in privately rented dwellings and commercial buildings.

The Council will not be obliged to take on any particular enforcement responsibilities as a result of accepting the delegations but will be able to make use of those provisions it deems pertinent in light of its other responsibilities and resources as circumstances and opportunities arise. Any such activities will be subject to the contracts and agreements entered into to implement the delivery of the enforcement work of behalf of Oxfordshire County Council.

Alternative options

Option 1: Adopt none of the powers; – that would prevent the Council from sharing enforcement with OCC to improve either domestic rented or commercial rented premises and would forego the opportunity to enhance the Council’s ability to enforce MEES provisions in private rented dwellings.

Option 2: Adopt only those powers relating to domestic premises; - that would prevent shared enforcement in relation to commercial rented premises but still facilitate the Council’s enforcement of MEES in private rented dwellings.

Option 3: Adopt only those powers relating to commercial premises; - that course would exclude any enhancement of the Council’s current enforcement powers in relation to residential premises.