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Situations where an EPC is not required

EPCs are not required on sale or rent for buildings due to be demolished, provided the seller or landlord can demonstrate that:

  • the building is to be sold or rented out with vacant possession
  • the building is suitable for demolition and
  • the resulting site is suitable for redevelopment
  • all relevant planning permissions, listed building consents and conservation area consents exist in relation to the demolition, and
  • they believe, on reasonable grounds, that a prospective buyer or tenant intends to demolish the building (e.g. on evidence of an application for planning permission)

The duties relating to EPCs do not apply to:

  • buildings used as places of worship and for religious activities
  • temporary buildings with a planned time of use of 2 years or less, industrial sites, workshops and residential agricultural buildings with low energy demand and residential agricultural buildings which are in use by a sector covered by a national sectoral agreement on energy performance
  • stand-alone buildings with a total useful floor area of less than 50m2

Additionally, in line with the removal of unnecessary gold-plating, from 9 January 2013, the following types of buildings will not require an EPC:

Buildings protected as part of a designated environment or because of their special architectural or historical merit are exempt from the requirements to have an energy performance certificate insofar as compliance with minimum energy performance requirements would unacceptably alter their character or appearance.

To comply with minimum energy performance requirements, many of the recommendations in an EPC report e.g. double glazing, new doors and windows, external wall insulation, and external boiler flues would likely result in unacceptable alterations in the majority of historic buildings. These can include buildings protected as part of a designated environment or because of their special architectural or historical merit (e.g. listed buildings or buildings within a conservation area). In these cases an EPC would not be required.

Building owners will need to take a view as to whether this will be the case for their buildings. If there is any doubt as to whether works would unacceptably alter the character or appearance of a building, building owners may wish to seek the advice of their local authority’s conservation officer.

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  1. Mike Gordon

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