National Energy Act, 2008 (Act No. 34 of 2008)

Regulations

Regulations for the Mandatory Display and Submission of Energy Performance Certificates for Buildings

1. Definitions
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In these Regulations, any word or expression to which a meaning has been assigned in the Act, shall have the meaning so assigned unless the context indicates otherwise and—

 

"accounting officer"

for—

(a) a national or provincial department mentioned in the first column of Schedule 1, 2 or 3 to the Public Service Act, 1994 (Proclamation No. 103 of 1994), subject to the Public Finance Management Act, 1999 (Act No.1 of 1999), means the officer who is the incumbent of the post bearing the designation mentioned in the second column of the said Schedule 1, 2 or 3 opposite the name of the relevant national or provincial department;
(b) a municipality, subject to the Municipal Finance Management Act, 2003 (Act No.56 of 2003), means the municipal manager appointed in terms of section 82 of the Local Government: Municipal Structures Act, 1998 (Act No. 117 of 1998);
(c) a functionary or institution contemplated in the definition of 'organ of state',  means the person designated as the accounting officer or the accounting authority under the Public Finance Management Act, 1999 (Act No.1 of 1999);

 

"accredited body"

means the body accredited by the South African National Accreditation System or by a member of the recognition arrangements of the International Laboratory Accreditation Cooperation or the International Accreditation Forum;

 

"energy performance"

means net energy consumed in kilowatt hours per square meter per year (kWh /m2 /a) to meet the different needs associated with the use of a building, which may include, inter alia, heating, hot water heating, cooling, ventilation and lighting but excluding measured or assessed energy consumed by garages, car parks and storage areas as well as energy consumed by outdoor services;

 

"energy performance certificate"

means a certificate issued by an accredited body in respect of a building in accordance with the South African National Standard SANS 1544: 2014 Energy performance certificates for buildings, published by the South African Bureau of Standards in terms of the Standards Act, 2008 (Act No. 8 of 2008) that indicates the energy performance of that building;

 

"major renovation"

means any changes to a building or structural changes that require planning approval from a relevant local authority in terms of the National Building Regulations and Building Standards Act.

 

"National Building Regulations"

means the National Building Regulations under the National Building Regulations and Building Standards Act, 1977 (Act No. 103 of 1977), published by the Minister of Trade and Industry;

 

"organ of state"

means an organ of state as defined in section 239 of the Constitution of the Republic of South Africa, 1996;

 

"SANEDI"

means the South African National Energy Development Institute, established under section 7 of the National Energy Act, 2008 (Act No. 34 of 2008); and

 

"the Act"

means the National Energy Act, 2008 (Act No. 34 of 2008).