Agenda item

Cabinet Member: Deputy Leader of the Council

Forward Plan Ref: 2019/155

Contact: Richard Webb, Assistant Director, Regulatory Services and Community Safety Tel: 01865 815791

Report by Chief Fire Officer (CA6).

The county council and the city and district councils all have statutory responsibilities in relation to different aspects of the regulatory framework that applies to letting agents and landlords. New legal requirements seek to raise the energy efficiency standards of rented property. For these new requirements to be effective in raising the energy efficiency of buildings in Oxfordshire a new approach is required between the county council and the city and district councils. This paper recommends that the county council delegates powers to enforce the Energy Performance of Buildings (England and Wales) Regulations 2012 and the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 to the city and district councils whilst retaining the power to also enforce these Regulations.

The Cabinet is RECOMMENDED to:

(a)      approve the delegation of specific powers from the county council to the city and district councils in relation enforcement of the legal requirements concerning domestic Energy Performance Certificates (EPCs).

(b)      approve the delegation of specific powers from the county council to the city and district councils in relation to the enforcement of the Minimum Energy Efficiency Standards (MEES) in commercial properties; and

(c)      authorise the Director of Community Safety and Chief Fire Officer, acting in consultation with the Director of Law & Governance, to enter the necessary agreements to implement this delegation.

 The County Council and the City and district councils all have statutory responsibilities in relation to different aspects of the regulatory framework that applies to letting agents and landlords. New legal requirements seek to raise the energy efficiency standards of rented property. For these new requirements to be effective in raising the energy efficiency of buildings in Oxfordshire a new approach is required between the county council and the city and district councils. Cabinet considered a report recommending that the county council delegates powers to enforce the Energy Performance of Buildings (England and Wales) Regulations 2012 and the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 to the city and district councils whilst retaining the power to also enforce these Regulations.

Councillor Laura Price, Opposition Deputy Leader, spoke in support of the recommendations. She queried the level of engagement from other District Councils and whether it was an all or nothing approach. Could other Councils sign up later. Councillor Price expressed some concern that staffing could be impacted if some Councils did not join up front and demand was reduced. Could we then deliver to the same standard.

In response to queries Richard Webb, Assistant Director of Regulatory Service indicated that he had had meetings with other Oxfordshire District Councils, but no others had yet expressed the wish to take the proposal forward. He added that the proposals would provide an enabling power that they could use but was not compulsory. The proposals should enable a shift in focus by staff to take on anticipated increases in work in other areas.

Councillor Judith Heathcoat, Deputy Leader of the Council, introduced the contents of the report noting that it was partnership working at its very best and moved the recommendations.

During discussion cabinet welcomed the proposals making the following points:

·         A member queried whether the regulations would apply to new housing noting that as part of a Government consultation the Council would be responding on the need to require a Code 4 energy efficiency standard for new housing which was achievable but not mandatory. It was queried whether the County would need to persuade the planning authority to take this up. Richard Webb advised that these regulations related to the rented sector.He would take the point back to planning colleagues.

·         A member commented that the language in paragraph 4 referring to rogue landlords was not helpful in that it demonised landlords. Landlords were needed and there were more good ones than bad. More balanced language was required and paragraph 25 was an example of that.

·         There was consideration of the particular issues relating to houses in multiple occupation that may have been converted without full consideration of the impact on energy efficiency.

RESOLVED:             to:

(a)      approve the delegation of specific powers from the county council to the city and district councils in relation enforcement of the legal requirements concerning domestic Energy Performance Certificates (EPCs).

(b)      approve the delegation of specific powers from the county council to the city and district councils in relation to the enforcement of the Minimum Energy Efficiency Standards (MEES) in commercial properties; and

(c)       authorise the Director of Community Safety and Chief Fire Officer, acting in consultation with the Director of Law & Governance, to enter the necessary agreements to implement this delegation.