We are really pleased to make available the Energy Performance Toolkit for Enforcement Authorities, produced by Trading Standards Wales (TSW), on RIAMS Libraries. 

The toolkit complements our procedure Enforcement of Energy Efficiency Standards in the Private rented Sector (HP233) and enhances our resources that support officers when enforcing the minimum energy efficiency standards (MEES) in the private rented sector. We are grateful to TSW for developing this resource for authorities in Wales, and given its relevance, we have made it available on RIAMS to both Welsh and English local authorities. 

Support from government to local authorities for implementing and enforcing MEES has been minimal, and the complicated nature of the regulations has not made it simple for landlords to understand fully the requirements and the available exemptions. This has also hindered local authorities from taking a proactive and widespread approach to enforcement. 

A freedom of information act enquiry from Generation Rent on MEES enforcement activity found that just 24 of 100 local authorities in England had issued enforcement notices in relation to breaches of MEES, and only 14 had issued any financial penalties. We hope this comprehensive toolkit will support more local authorities to take robust and consistent enforcement action where non-compliance with the provision of energy performance certificates and MEES regulations are identified. 

The Government has shown their intention to raise the current minimum EPC rating from E to C by 2030 as part of their plans to reach net zero by 2050, reversing a decision by the previous prime minister in September 2023 to scrap this policy. However, the lack of active enforcement is of concern and may not lead to the changes that are hoped for and needed to improve energy efficiency for tenants and contribute towards the net-zero agenda.   

It’s not all doom and gloom, however. We must note that some great work is being carried out by local authorities, such as the achievements of the Safer Housing Team at Nottingham City Council, who have issued penalties totalling over £55,000, following their successful bid for Government funding in 2021. You can read more about this in our guest blog from Mark Thomas, Regulatory Compliance Officer at Nottingham City Council.  

The publication of this toolkit is timely, in coinciding with Fuel Poverty Awareness Day, and reminds us that poor energy efficiency is just one contributory factor pushing families into fuel poverty, along with low levels of household income and high fuel costs. Fuel poverty affects millions of people, especially the most vulnerable. The energy crisis has been going on for over three years, and energy prices remain 50% higher than they were at pre-crisis levels (National Energy Action (NEA)). People are struggling to stay warm and healthy in their homes and need support to stay safe and out of hospital. Fuel Poverty Awareness Day (27 November 2024), organised by NEA, aims to raise awareness and lobby the Government to make energy more affordable for households on low incomes – the households that local authorities and environmental health officers provide support to every single day.  

RIAMS Libraries is a continually evolving resource that has a selection of recently reviewed documents covering specific enforcement across all areas of environmental health, supporting local authority officers deliver consistent and robust enforcement. RIAMS Libraries is a subscription service. To request a free demonstration and trial, contact [email protected]. 

Officers can join the conversation with other professionals – for free – by visiting RIAMS Communities, for peer-to-peer support, collaboration, asking questions and sharing best practice. Registration is automatic if you have a GOV.UK email address. 

The Energy Performance Toolkit for Enforcement Authorities can be found here.