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Transactions not considered to be a sale or rent

The purpose of providing an EPC during the sale or renting process is to enable potential buyers or tenants to consider the energy performance of a building as part of their investment. Not all transactions will be considered to be a sale or let to which the duties apply. These will include:

  • lease renewals or extensions
  • compulsory purchase orders
  • sales of shares in a company, which does not involve the sale of the building in which that company is located, where buildings remain in company ownership
  • lease surrenders

There may be other types of transaction that it might be argued do not require an EPC, for example, living accommodation at a workplace and tied to a job, or not-for-value transactions, but this will depend on the individual circumstances of any case.

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  1. Mike Gordon

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