Complaints about the availability or quality of an EPC or about an energy assessor who produced the certificate or the energy assessment should be directed to the following:
Failure to provide a valid EPC on sale or rent
For complaints regarding the availability and validity of an EPC for marketed sales, an authorised officer of the local weights and measures authority (usually a trading standards officer). The authorised officers have the power to act on your complaint.
EPCs on sale or rental
For complaints regarding the availability and validity of an EPC for a building when marketed for sale or rent, an authorised officer of the local weights and measures authority (usually a local trading standards officer). Trading standards officers have the power to act on a complaint.
EPCs for newly constructed or modified properties
For complaints regarding the availability and validity of EPCs produced by the builder when construction work is completed, contact building control at the relevant local authority.
Quality or accuracy of the EPC and its recommendations
For complaints regarding the quality and accuracy of the EPC and the recommendation report, contact the energy assessor in the first instance and if the matter is not resolved, contact the accreditation scheme of the energy assessor who produced the EPC. Contact details of both the assessor and accreditation scheme can be found on the EPC
Complaints regarding an energy assessor or any aspects of the energy assessment
For complaints regarding the energy assessor or the energy assessment contact the energy assessor in the first instance and if the matter is not resolved, contact the accreditation body of the energy assessor who produced the EPC. Contact details of both the assessor and accreditation scheme can be found on the EPC.
The accreditation scheme must investigate the complaint and, where necessary, provide the appropriate redress. Where it is found that the information on the EPC is incorrect a new inspection report must be issued and the information on the central register amended. This procedure should be followed at no cost to the complainant. In the event that the complaint cannot be satisfactorily resolved, the accreditation scheme will refer the matter to an independent third party for adjudication.
The energy assessor has a duty of care under the regulations, both to the seller or prospective landlord and to the prospective buyer or tenant, to carry out an energy assessment on a building with reasonable care and skill. This duty is enforceable for as long as the EPC subsequently produced remains valid.
If an energy assessor is proven to have been in breach of his duty under the regulations or negligent in any other way, this is a matter that can be taken up in the first instance with their accreditation scheme before recourse to an action in civil law. Energy assessors will have professional indemnity cover against the eventuality that any person to whom they have a duty may suffer loss as a result of their actions.
If an EPC is subsequently alleged to have been produced fraudulently, this is a matter for criminal law, to be pursued by making a complaint to the police.
Mike Gordon
Comments