There is an international pragmatic shift towards the use of building energy regulations, standards and codes to reduce building energy consumption. The UK Government revised Building Regulations in 2002, 2006 and 2010, towards more stringent energy efficiency standards and ultimately the target of 'zero carbon' new homes from 2016. This paper aims to: reveal levels of compliance with energy Building Regulations of new-build dwellings in England and Wales; explore underlying issues; and identify possible solutions. In total 376 new-build dwellings were investigated. The compliance revealed was poor, at a level of 35%; accompanied by 43% 'grey compliance' and 21% 'grey non-compliance' (due to insufficient evidence of achieving required carbon emissions reductions). It is a serious concern when building control approves so many dwellings when insufficient evidence of compliance has been received. Underlying issues were centred on: incorrect compilation and/or insufficient submission of carbon emissions calculations by builders/developers; inappropriate timings of such submissions; and a paucity of proper checks by building control. Exploring these issues reveals a complex system of factors influencing energy regulations compliance, which involves a wide range of stakeholders. The findings should inform the formulation and implementation of energy efficiency building regulations and policy in the future. (C) 2012 Elsevier Ltd. All rights reserved.