Foreword

This guidance is intended to help sellers, landlords, building managers and occupiers, builders and their agents and buyers and tenants of non-dwellings to understand how the Energy Performance of Buildings (England and Wales) Regulations 2012 and the Directive, on which these regulations are based, work in practice, how to apply the regulations, what their responsibilities are and when energy certificates are required.

Buildings are responsible for almost 40% of the UK’s energy consumption and carbon emissions. This guidance provides an introduction to the regulations for energy performance certificates (EPCs) for non-dwellings on construction, sale or rent in England and Wales. EPCs promote the improvement of the energy performance of buildings and are intended to identify ways in which the energy consumption of buildings and associated costs can be reduced.

While this guidance aims to explain how the requirements work in practice, any interpretation of the regulations is offered only as a guide. The Department for Communities and Local Government cannot provide legal advice. Therefore, it is important to read and understand the regulations. It will be for individuals themselves to take a view on whether or not they fall within the requirements of the regulations and in cases of doubt independent legal advice should be sought.

The original Energy Performance of Buildings Directive was implemented by the previous administration in 2008. A number of its measures were gold-plated, i.e. they went beyond the minimum requirements. In implementing the recast, the current government has taken the opportunity to remove this gold-plating where possible.

This document is part of a suite of documents that explains the requirement for EPCs, display energy certificates, and air conditioning inspections in England and Wales only. Buildings in Northern Ireland and Scotland are subject to separate regulatory requirements and are not covered by or referred to in this guidance.

Key points

• the requirement for non-dwellings to have an EPC on construction, sale or rent was introduced using a phased approach from 6 April 2008
• the EPC shows the energy efficiency rating (relating to running costs) of a non-dwelling. The rating is shown on an A–G rating scale similar to those used for fridges and other electrical appliances
• the EPC includes recommendations on how to improve the energy efficiency. There is no statutory requirement to carry out any of the recommended energy efficiency measures stated. The EPC may also include information showing which of these measures would be eligible for finance under the Green Deal scheme, if required
• EPCs for non-dwellings must be produced by an accredited non-domestic energy assessor, who is a member of a government approved accreditation scheme
• the seller or landlord must provide an EPC free of charge to a prospective buyer or tenant at the earliest opportunity. A copy of the EPC must also be provided to the successful buyer or the person who takes up the tenancy
• estate agents and other third parties must ensure that an EPC has been commissioned before they can market a property for sale or rent
• in addition, all advertisements in the commercial media must clearly show the energy rating of the building (where available)
• EPCs are valid for 10 years and can be reused as required within that period. A new EPC is not required each time there is a change of tenancy, or the property is sold, provided it is no more than 10 years old. Where more than one is produced, the most recent EPC is the valid one
• EPCs to be displayed in commercial premises larger than 500m² that are frequently visited by the public, and where one has previously been produced for the sale, construction or renting out of the building