In support of the movement towards the integration of modelling in the design process, a unified simulation-based compliance methodology for the energy performance of buildings was introduced in the UK Building and Approved Inspectors (Amendment) Regulations 2006 (England and Wales). As part of a larger project with the overall aim of presenting an analytical study of the process of introducing of this legislative approach to the UK construction industry, the paper reports on the status of the establishment of a simulation capability to support its use. Findings obtained via an industrybased survey undertaken during the initial phase of the application of the Building Regulations 2006 are discussed. Survey results highlight significant issues, most notably in establishing both user and tool capability. The potential shortcomings in developing a tool capability are outlined and include an assessment of currently accredited tools and a summary of issues provided by practitioners in the field.