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Definition and Purpose of an Energy Assessor
1. An Energy Assessor is an individual who is a member of an approved
Accreditation Scheme by virtue of his/her technical and other personal
skills and can produce and issue EPCs and RRs for dwellings in an
acceptably independent manner.
2. A range of individuals may choose to become accredited as an Energy
Assessor for existing dwellings including building surveyors, energy
auditors, Home Inspectors, valuers/estate agents, letting agents,
surveyors employed by utility companies, and those seeking a new
career.
3. The accreditation requirements which will be put in place must be
sufficient to ensure that in-house staff assessing buildings owned by
their employers (or staff of contracted service providers) operate in an
acceptably independent manner, and hence these individuals may be
permitted to become Energy Assessors.
4. Assessors are required to be aware of and familiar with a range of key
documents to enable them to fulfil their role. These include:
• The Statutory Instrument (S.I. 2007/991);
• Circular 02/07 ;
• The Notice of Approval of the Methodology of Calculation of the
Energy Performance of Buildings in England and Wales ;
• The RdSAP methodology, assumptions and conventions ;
• The National Occupational Standard (NOS) for (Domestic) Energy
Assessors ;
and other appropriate guidance developed for Energy Assessors
producing EPCs for existing dwellings. An example of this is the
guidance on energy efficiency in traditional buildings prepared for
English Heritage – currently in draft.
5. Accredited assessors must:
• be suitably qualified or competent to produce energy assessments;
• identify and resolve any circumstance that might lead to an actual or
perceived conflict of interest with the building owner or the person
from whom instructions are received and, in parallel, with the Scheme
Operator;
www.communities.gov.uk/epbd
www.communities.gov.uk/epbd
www.bre.com
www.assetskills.org
• be suitably qualified for dealing with the public and explaining the
purposes of EPCs and RRs and the information conveyed by these
documents;
• meet other non-technical requirements, such as being “fit and proper
persons”, and demonstrate suitable arrangements for ensuring that
members or their employers or the scheme itself has and maintains
arrangements to protect customers;
• comply with all the scheme’s operational procedures in respect of
producing and submitting EPCs, including using the correct approved
version of the software and remaining current in their knowledge
through Continuous Professional Development (CPD);
• comply with their Accreditation Scheme’s quality assurance
procedures to ensure that the required quality standard is achieved;
• adopt the scheme’s complaints procedure;
• because of their access to information regarding the client or occupier
of the building that may be classified as ‘Personal Data’, ensure that
the relevant provisions of the Data Protection Act 1998 are understood
and implemented;
• know and comply with the requirements of the Health and Safety at
Work Regulations in so far as they are applicable;
• abide by the restrictions on disclosure described in the Regulations.
6. In this context, “suitably qualified” refers to an individual having either
a qualification or approved prior experience and learning equivalent to
the NOS requirements relevant to the specific occupation for which the
individual seeks accreditation.
7. Energy Assessors must also have a basic Criminal Records Bureau
check in accordance with the “Fit and Proper Persons” criteria of the
Accreditation Standards.
Code of Conduct
It is my intention as a practicing DEA to carry out all work in accordance with the Code of Conduct shown below.
1. Introduction
1.1 This document is the Code of Practice (‘the Code’) for Domestic Energy Assessors.
1.2 The Code sets out the principles that must be followed and applied by all Domestic Energy Assessors.
1.3 The Code forms part of a wider package of registration and disciplinary information with which Domestic Energy Assessors must comply.
2. Purpose
2.1 The purpose of this Code is to set out the rules and standards of conduct that are expected of Domestic Energy Assessors and to inform members of the public about the standards of conduct that they can expect from a Domestic Energy Assessor.
2.2 This Code aims to promote:
2.2.1The best standards of practice by Domestic Energy Assessors; and
2.2.2 - Confidence in the integrity of the Accreditation Scheme, Domestic Energy Assessors and the Energy Performance Certificate.
3. Application
3.1 Domestic Energy Assessors must ensure that they understand and comply with this Code and any accompanying guidance.
3.2 A failure to comply with the Standards set out in the Code or guidance will generally lead to disciplinary action being taken against a Domestic Energy Assessor by their Accreditation Scheme.
4. Personal and Professional Standards
4.1 Domestic Energy Assessors must at all times (whether inside or outside work):
4.1.1 Act with integrity;
4.1.2 Be honest and trustworthy;
4.1.3 Be open and transparent in their dealings;
4.1.4 Disclose to the Accreditation Scheme any or all of the following matters: 4.1.4.1 that they have been charged or convicted of a criminal offence in the UK or elsewhere; 4.1.4.2 that another has referred them for a disciplinary hearing Accreditation Scheme, professional body trade association or regulatory body, or other similar organisation; 4.1.4.3 that a disciplinary allegation has been found proved against them by another Accreditation Scheme, professional body trade association or regulatory body, or other similar organisation; 4.1.4.4 the institution against them of bankruptcy or directors’ disqualification order; 4.1.4.5 the making of a bankruptcy or directors’ disqualification proceeding; or 4.1.4.6 if they enter into an individual voluntary arrangement with creditors;
4.1.5 Assist the Accreditation Scheme in any disciplinary inquiry involving another Domestic Energy Assessor;
4.1.6 Recognise the limits of their professional competence;
4.1.7 Keep their professional knowledge and skills up to date;
4.1.8 Avoid abusing their position as a Domestic Energy Assessor; and
4.1.9 Comply with the requirements of the Accreditation Scheme s of which they are a member and their governing legislation.
4.2 A Domestic Energy Assessor must not engage in conduct that:
4.2.1 Damages the reputation of Domestic Energy Assessors;
4.2.2 Diminishes public confidence in the Accreditation Scheme, Home
Inspectors or the Energy Performance Certificate; or
4.2.2.1 damages the trust placed in Domestic Energy Assessors by lenders and other professionals who may need to rely upon their work.
4.2.3 A Domestic Energy Assessor must not exploit the vulnerability of consumers or take advantage of their lack of knowledge of the home buying and selling process.
5. Skills, ability and personal development
5.1 Domestic Energy Assessors must:
5.1.1 Only act if competent to do so;
5.1.2 Carry out their work with reasonable skill and care;
5.1.3 Maintain their professional knowledge and skill by participating in lifelong learning and recording the outcomes;
5.1.4 Observe and keep up to date with laws and statutory codes of practice that affect their work.
5.1.5 Update their professional knowledge and skill through structured and regular lifelong learning activities.
5.1.6 The DEA must carry out a minimum of 20 hours per year life long learning in accordance with the Certification Scheme standards 5.1.6.1 Of the 20 hours per year lifelong learning 70% must be of a technical nature and 30% of a business and professional nature.
6. Conflicts of interest
6.1 A Domestic Energy Assessor must at all times give an unbiased opinion.
6.2 A Domestic Energy Assessor must not give or accept any inducement, gift or hospitality that may affect or may be seen to affect their judgement.
6.3 A Domestic Energy Assessor must be satisfied that the seller is being or has been provided with written information concerning whether the Domestic Energy Assessor has any personal or business relationship with any person involved in the sale of the property and that the seller will sign or has signed a declaration that they understand the implications of the information.
6.4 A Domestic Energy Assessor must not prepare Energy Performance Certificates if to do so would cause a conflict with the interests of sellers.
6.5 If, in the course of preparing an Energy Performance Certificate, a conflict with the interests of the seller or other professionals arises, the Domestic Energy Assessor must decline the instructions to prepare the Report.
6.8 If a risk of conflict arises, it must be managed in accordance with any guidance issued by the Accreditation Scheme.
7. Advertising
7.1 Domestic Energy Assessors may only promote and advertise their services in a clear, honest and lawful manner.
7.2 Any advertisement placed by a Domestic Energy Assessor must comply with scheme standards and with statutory and national standards to ensure that all advertisements are legal, honest and truthful and that they are clearly identifiable as an advertisement.
8. Marketing
8.1 Domestic Energy Assessors must operate under fair and honest sales practices.
8.2 Domestic Energy Assessors must not:
8.2.1 Engage in any commercial practices that are misleading or likely to mislead buyers, sellers or lenders;
8.2.2 Use physical force, harassment, coercion or undue influence;
8.2.3 Be party to charging fees that are discriminatory or excessive;
8.2.4 Exploit the trust vulnerability or lack of experience of buyers, sellers or lenders; or
8.2.5 Encourage or condone unsafe or harmful practices.
8.3 If Domestic Energy Assessors offer sellers or buyers other services and/or products, they must:
8.3.1 Act lawfully and responsibly in sending sellers or buyers details of those services and/or products; and
8.3.2 declare any financial benefit that they may receive as a result of sellers or buyers using those services and/or products.
9. Information for the seller
9.1 A Domestic Energy Assessor’s offer, to sellers to perform services whether direct or through a third party, must be clear and truthful and contain all relevant pre-contractual information.
9.2 When offering to provide a service to produce a Energy Performance Certificate,
Domestic Energy Assessors must be satisfied that sellers are provided with details in writing of:
9.2.1 The terms, conditions and costs associated with instructing the
Domestic Energy Assessor
9.2.2 The key features of the Energy Performance Certificate; their right to see any personal records Domestic Energy Assessors hold about them what use that may be made of the data collected by Domestic Energy Assessors;
9.2.3 The fee for the work, including any tax and duties;
9.2.4 How and when the Energy Performance Certificate will be delivered; 9.2.4.1 How the information contained in the EPC will be conveyed to the Seller; 9.2.4.2; Arrangements for further detailed explanation of the EPC findings at the sellers request.
9.2.5 The existence and conditions of a right of withdrawal;
9.2.6 The policy and procedure for cancellation of services and the payment of refunds;
9.2.7 The complaint and redress and appeals procedures; and a reference to this Code.
9.2.8 The DEA will comply with the auditing and monitoring requirements of the Certification Scheme.
10. Confidentiality
10.1 Domestic Energy Assessors must explain to sellers that information about the completion of the Energy Performance Certificate has to be placed on the Register of Energy Performance Certificates.
10.2 Domestic Energy Assessors must treat all sellers’ personal information as private and confidential (even when they are no longer a customer of the Domestic Energy Assessor).
10.3 Domestic Energy Assessors must not reveal any personal information about sellers unless:
10.3.1The sellers have given permission for the information to be revealed;
10.3.2 The Domestic Energy Assessor has to reveal the information by law; or
10.3.3 There is a ‘common law’ duty to the public to reveal the information.
10.4 Domestic Energy Assessors must notify sellers that their contact details may be used during the process for monitoring the compliance and performance of Domestic Energy Assessors.
10.5 Domestic Energy Assessor will hold and store all client information in accordance with the Data Protection Act.
11. Diversity
11.1 Domestic Energy Assessors must not unlawfully or unjustifiably discriminate against any individual in their practice as Domestic Energy Assessors.
11.2 Domestic Energy Assessors must not discriminate against any individual on the basis of gender, race or disability or allow their views of the lifestyle, culture, belief, colour, gender, sexuality or age of others to prejudice their professional practice and relationships.
12. Insurance
12.1 Domestic Energy Assessors must ensure that all Energy Performance Certificates undertaken by them are covered by adequate and appropriate indemnity insurance cover, as prescribed in the insurance standards adopted by Accreditation Schemes.
13. Complaints procedure
13.1 Domestic Energy Assessors must participate in a complaints handling system as prescribed by the Accreditation Scheme.
13.2 Domestic Energy Assessors must ensure that:
13.2.1 Complaints are initially acknowledged in writing, and the acknowledgement sets out a likely timescale for resolving the complaint;
13.2.2 There is a named individual who is responsible for complaints and who has the authority to resolve complaints, if appropriate; and
13.2.3 Complainants are informed that if they want to take their complaint further, the complaint can be referred to the Accreditation Scheme complaints handling process
14. Compliance with legislation
14.1 Domestic Energy Assessors will carry out their work in compliance with all current legislation.
14.2 Domestic Energy Assessors will comply with all officially published guidance in undertaking Domestic Energy Assessments using the RDSAP methodology.
15. Compliance with Health and safety legislation
15.1 The Domestic Energy Assessor will carry out their work incompliance with the Health and Safety at Work Act 1974 and any other Health and safety legislation that may be relevant to their business.
15.1.2 In accordance with the Act all health and safety issues must be reported to the ‘responsible person’.
15.1.3 Where the Domestic Energy assessor is deemed to be the ‘responsible person’ they must discharge their duties diligently in accordance with the legislation.
15.1.4 If the DEA is not acting in the capacity of ‘responsible person’ the DEA must report any H&S issues to the named ‘responsible person’ . The responsible person shall be responsible for the implementation of appropriate emergency procedures within the workplace and ensure that all other persons required to know of those procedures receive adequate and effective training.
16. Compliance with Security of Information legislation
16.1 The Domestic Energy Assessor will carry out their work incompliance with the Data Protection Act 1998.
16.1.2 In accordance with the Act all data protection issues must be reported to the ‘responsible person’. 16.1.3 Where the Domestic Energy assessor is deemed to be the ‘responsible person’ they must discharge there duties diligently in accordance with the legislation.
16.1.4 If the DEA is not acting in the capacity of ‘responsible person’ the DEA must pass on any relevant information to the named ’responsible person’.
17. Limitations
17.1 Should the Domestic Energy Assessor identify circumstances that prevent the assessment or preparation of the EPC due to any statutory or voluntary limitation infringements, conflicts of interest or any other reason that may prevent the DEA from preparation of the EPC? The client should be informed immediately in writing giving a clear explanation of reason.
18. Identification
18.1 As a practicing DEA, it will be necessary for you to formally identify yourself to the client, the sample shown below illustrates what you will show clients, and it will carry a photograph and a sample of your signature. In addition, it will show the name and contact details of your Certification Scheme.
19. Publicity
19.1 Domestic Energy Assessors must make this Code available to a member of the public upon request.
20. Consumer protection
20.1 The Domestic energy assessor must act in an open and transparent way in all dealings with the public.