Memorandum by the Association for the
Conservation of Energy (DHB 11)
1. SCOPE OF
THIS RESPONSE
1.1 We welcome the Housing Bill: there is
much in it that will increase the standard of housing for very
many people. We also welcome the opportunity to comment on the
draft Bill: and would emphasize that our focus on some shortcomings
should not detract from those earlier words.
1.2 This response is confined to the parts
of the draft Housing Bill that are relevant for those interested
in fuel poverty and domestic energy efficiency. These are explained
below.
2. SUMMARY OF
RECOMMENDATIONS
— A specific provision enabling an
HMO licence to include energy efficiency standards.
— A specific provision enabling the
selective licences for other residential property to include energy
efficiency standards.
— A specific requirement for the home
information packs to include details of the energy efficiency
of the heating system in the property.
— A specific requirement for the home
information packs to include energy efficiency advice relating
specifically to the property concerned.
3. PART 2: LICENSING
OF HOUSES
IN MULTIPLE
OCCUPATION (HMOS)
3.1 Clause 65(3) lists the five conditions
that licenses may impose on a landlord. The relevant provision
is:
"(3) The provisions of a license may, in
particular
(b) impose conditions relating to the condition
of the house or its contents or the amenities available to its
occupants or persons visiting it".
3.2 From the point of view of energy efficiency
and fuel poverty this is unsatisfactory. Historically "conditions
of the house" has not included energy efficiency. It is crucial
from a policy point of view that this point is clarified because
of the large numbers of fuel poor living in private rented accommodation
and the CO2 effects of the poor standard of thermal insulation
in much of this sector. It is also crucial from a legal point
of view: any lack of clarity could lead to challenges as to the
meaning of "conditions' and whether it can extend to energy
efficiency.
3.3 Suggested Amendment.
In view of the fact that the Government, during
the passage of the Home Energy Conservation Bill in the last session,
both accepted and indeed tabled amendments to that Bill at Committee
Stage enabling conditions to be set for energy efficiency we strongly
recommend that the best (and presumably completely uncontroversial)
way of clarifying this matter is for an additional paragraph to
be inserted in the Housing Bill, based on the wording of the Government's
own amendment to the Home Energy Conservation Bill. The clause
tabled by the Minister, the Rt Hon Michael Meacher for the Committee
Stage of that Bill, and which was agreed by the Committee read:
"The standards that may be prescribed in
the regulations include . . . (b) energy efficiency standards"
Thus the suggested amendment to the Housing
Bill would be:
Page 30* clause 65 line 38 at end insert:
(c) impose energy efficiency standards"
(* That is page 30 of the draft Bill. This appears
on page 71 of the consultation document).
4. PART 3: SELECTIVE
LICENSING OF
OTHER RESIDENTIAL
ACCOMMODATION
4.1 For the same reason as above, namely
the number of people in fuel poverty in the private rented sector,
the energy inefficiency of private rented housing and resulting
CO2 emissions and legal clarity we recommend that such licences
should also be able to include an energy efficiency provision.
4.2 Suggested Amendment.
Page 42* clause 86 line 11 at end insert:
(c) impose energy efficiency standards"
(* That is page 42 of the draft Bill. This appears
on page 83 of the consultation document).
5. PART 5 HOME
INFORMATION PACKS
5.1 In clause 144(5) "the energy efficiency
of the property" is made a requirement of the packs. This
is welcome. However, we suggest a specific provision relating
to the heating system in the property, for two reasons:
— Because it is not clear whether the
existing provision extends to the heating system; but more importantly,
even if it is meant to so do a specific requirement is important
because;
— It is essential, from a CO2 reduction
point of view that every effort is made to draw buyers' attention
to the importance in terms of both energy and monetary saving
of efficiency or inefficiency of heating systems because this
is the one decision that purchasers may take that cannot easily
or cheaply be changed. For instance, a purchaser may decide not
to install cavity wall insulation immediately but change his/her
mind in a year or two with little extra cost or inconvenience
(beyond that of not having enjoyed the benefits). In the case
of a heating system this is not the case—and society will
be left with the CO2 implications for 15 years. We must, therefore
make every reasonable attempt to draw this issue to the attention
of purchasers.
5.2 Suggested Amendment.
Page 70* clause 144 line 30 at end insert:
(c) the energy efficiency of any heating
system present in the property"
(* That is page 70 of the draft Bill. This appears
on page 111 of the consultation document).
5.3 In addition we believe that it is not
just important to require the provision of energy efficiency information,
but also the provision of energy efficiency advice (eg in terms
of energy and monetary savings and "pay-back" periods
etc)—in order to increase the effective installation of
energy efficiency measures. The experience of the very effective
Energy Efficiency Advice Centres (as highlighted by the National
Audit Office) shows the importance of such advice in increasing
the installation of measures.
5.4 Suggested Amendment.
Page 70* clause 144 line 37 at end insert:
(b) energy efficiency advice related to the
property; and"
(* That is page 70 of the draft Bill. This appears
on page 111 of the consultation document).
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