S.L. 623.1 Art. 25Registration of EPB assessors.

(1) Subject to the provisions of sub-regulations (3)

and (4), the Building and Construction Authority is the only institution legally empowered to register EPB assessors to assess the energy performance of buildings, and as published from time to time in the Gazette by the Building and Construction Authority.

(2) In registering an EPB assessor, the Building and Construction Authority shall designate the type of energy performance certification and also the category of buildings in respect of which the EPB assessor is authorised to carry EPAs and certifications.

(3) The Building and Construction Authority shall not consider a person for registration as an EPB assessor unless:

(a) the person makes an application for registration to the Building and Construction Authority in the form specified by it for such purpose;

(b) the application for registration is accompanied by such fee as may be specified by the Building and Construction Authority; and

(c) the person meets any other requirements specified by the Building and Construction Authority.

(4) In considering an application for registration as an EPB assessor, the Building and Construction Authority shall be satisfied that the applicant meets the requirements as defined in the definition of EPB assessor in these regulations.

(5) An EPB assessor who is registered by the Building and Construction Authority in respect of one type of certification or one category of building may apply to the Building and Construction Authority to be registered in respect of another type or category of buildings, and may be so registered, subject to compliance with the provisions set out in sub-regulations (3) and (4) and the payment of such fee as may be specified by the Building and Construction Authority.

(6) An EPB assessor shall be required to renew his registration at such reasonable frequency as may be determined by the Building and Construction Authority, subject to the payment of such registration renewal fee as may be specified by the Building and Construction Authority.

(7) The Building and Construction Authority shall provide each EPB assessor with a certificate of registration for the designated type and category of buildings to which his registration pertains, and the certificate, if requested by the owner of a building or the owner’s agent, or authorised officer, shall be presented for inspection to the person making such request.

(8) Where the Building and Construction Authority suspends or terminates the registration of a person as an EPB assessor, it shall register the suspension or termination of the appointment and the date on which the registration was suspended or revoked.

(9) The Building and Construction Authority may, having regard to all the circumstances of the case, suspend or terminate the registration of an EPB assessor following:

(a) failure by the EPB assessor to attend a course of periodic training if required by the Building and Construction Authority or to satisfactorily complete such a training course; or

(b) failure by an EPB assessor to comply with a direction under these regulations; or

(c) failure by an EPB assessor to carry out a building EPA for EPC purposes in a fit and proper manner, or failure to maintain or provide satisfactory data, documentation or records of any such assessment; or

(d) the committing, or aiding or abetting the committing, by the EPB assessor, of an offence under these regulations; or

(e) the forming of an opinion by the Building and Construction Authority that the EPB assessor has ceased to be capable of performing his functions properly and efficiently under these regulations.

(10) A suspension or termination of registration under sub-regulation (9) shall be notified to the person concerned in writing including reasons for the suspension or termination and the Building and Construction Authority shall inform the person of the appeal procedure under sub-regulation (11).

(11) A person whose registration has been suspended or terminated in accordance with sub-regulation (10) may, within fourteen days from the said suspension or termination, appeal to the Board of the Building and Construction Authority against the decision regarding the suspension or termination taken by the Building and Construction Authority, in accordance with article 12(1) of the Act.

(12) A person whose registration as an EPB assessor has lapsed or been suspended or terminated may be directed by the Building and Construction Authority to destroy any data or documentation provided by building owners or their agents, and any copies thereof, in relation to EPB assessments carried out by him in his capacity as an EPB assessor. Alternatively, the Building and Construction Authority may withdraw such data or documentation.

(13) A person who purports to be a registered EPB assessor for a designated category of buildings, or a registered inspector for air-conditioning or heating systems or an authorised officer under these regulations shall be guilty of an offence in terms of these regulations.

(14) A person who, purporting to give information to an EPB assessor or inspector, to the Building and Construction Authority, or to an authorised officer for the performance of his functions under these regulations, makes a statement that he knows to be false or misleading in a material particular, or fails to disclose a material particular shall be guilty of an offence in terms of these regulations.

(15) An EPB assessor who issues an EPC or a registered inspector who makes a statement or report, which he knows to be false or misleading in a material particular, shall be guilty of an offence in terms of these regulations.