How long is an EPC (EPC) valid for?
An EPC is valid for 10 years or until replaced with a newer one.
How much will an EPC cost?
The price of and EPC has been set by the market and market demand. It is likely in practice that the cost will vary according to a number of factors including size, location and age of the building.
Do I need a new EPC every time I sell or rent out my building?
As long as a valid EPC exists for the building, this can be provided to any prospective buyer or tenant. An EPC is valid for 10 years and during this period the same EPC can be provided to any prospective buyer or tenant. This EPC is no longer valid if a more recent EPC has been lodged on the central register.
Can a prospective tenant or buyer waive their right to receive an EPC?
The relevant person (i.e. the seller or landlord) has a duty to make available an EPC to a prospective buyer or tenant and may be liable to a penalty charge if they fail to do so, irrespective of whether the prospective buyer or tenant purports to waive an entitlement to receive the certificate.
When must an EPC be provided to any prospective buyer or tenant?
The EPC must be made available at the earliest opportunity but no later than when a person requests information about the building or a person makes a request to view the building.
Can a building or building unit be advertising for sale or rent if the EPC and, therefore, the energy performance indicator are not available?
Yes, if an EPC is not available, the building can still be advertised for sale or rent.
Can first day marketing occur if an EPC for a building is not secured within 7 days?
Yes, ‘first day marketing’ can take place within the first 7 days if an EPC is not available. The EPC must be commissioned before the building is marketed, but it is not a requirement for the EPC to be available before, or at the point, the building is marketed for sale or rent.
It is unreasonable to expect an EPC to be obtained from within 7 days?
Evidence shows that most EPCs are obtained within 3 days so this should not be a challenge in most cases. A further 21 days is allowed if after using all reasonable efforts the EPC cannot be obtained within 7 days.
Is the energy performance indicator of the EPC for the building, or the building unit, required in all advertisements in commercial media?
No, this only applies when buildings or building units are offered for sale or rent and a valid EPC is available.
What is the energy performance indicator?
This is the energy efficiency rating found on the front page of the domestic or the asset rating found on the front page of the non-domestic EPCs.
Can a building or building unit be advertising for sale or rent if the energy performance indicator is not available?
Yes. If an EPC is not available, the building can still be advertised for sale or rent.
What is meant by commercial media?
Newspapers and magazines, written material produced by the seller, landlord, estate or letting agent that describes the building being offered for sale or rent. This would include information provided on the internet.
Does the requirement to display an EPC apply to all buildings or building units?
No, only to commercial premises larger than 500m2 which are frequently visited by the public and where an EPC has previously been issued.
When does this change come into force?
This change will come into force on 9 January 2013.
Will the owners or landlords of commercial premises larger than 500m2 frequently visited by the public be expected to commission an EPC to meet this requirement?
There is no requirement to commission an EPC for this purpose. If a building, or building unit, is subsequently sold or rented out after 9 January 2013 and an EPC is produced then this must be displayed.
Who can produce an EPC for a non-dwelling when the building is sold, constructed or rented out?
Only an accredited and qualified energy assessor who is a member of a government approved accreditation scheme can produce the EPC.
How can I check if my energy assessor is properly accredited and qualified?
Consumers will be able to check the details of accredited and qualified energy assessors from the information provided by accreditation schemes on the register website.
Where can I find an energy assessor?
Details of accredited energy assessors can be found on the register website.
What software can be used to produce EPCs?
Only software approved by the Department for Communities and Local Government can be used to produce EPCs.
Do you have to act on the recommendations have to be acted on?
The building owner or landlord is under no obligation to act on the recommendations for energy improvements to the building. However, taking action on the recommendations is likely to improve the energy efficiency of the building, reduce your fuel bills, cut its carbon emissions and could make it more attractive to potential buyers or tenants in the future.
Does the requirement to display an EPC apply to all buildings or building units?
No, only to commercial premises larger than 500m2 which are frequently visited by the public and where an EPC has previously been issued.
What is meant by frequently visited by the public?
For the purposes of this guidance, a building that is ‘frequently visited by the public’ means a building that:
- is a non-domestic building
- to which the public has an implied[footnote 3] or express[footnote 4] licence to enter; and
- which is regularly visited by members of the public on a daily or near daily basis
When does the requirement for buildings over 500m2 to display an EPC where one exists come into force?
This change will come into force on 9 January 2013.
Where there is a requirement for an EPC to be displayed in a non-dwelling which is rented, who is responsible for ensuring that the EPC is displayed?
This is the responsibility of the building occupier.
Will the owners or landlords of commercial premises larger than 500m2 frequently visited by the public be expected to commission an EPC if one does not exist?
No, buildings where an EPC has been produced for that building when sold, constructed or rented out will be required to display the EPC. There is no requirement to commission an EPC for this purpose.
Who has access to the EPCs for non-dwellings on the central register?
Data held on the central register is publicly available. It is possible to search for an EPC on the register by entering either the certificate’s report reference number or the building post code. The building owner with an EPC can ‘opt out’ of having their data made publicly available.
-
For the purposes of this document, commercial media is used to mean: newspapers and magazines; written material produced by the seller / landlord / estate agent that describes the building being offered for sale or rent; the internet.↩
-
Referred to in the guidance as the central register.↩
-
For example, licence to enter a shop, restaurant or other building to which the public can assume they have a general right to entry.↩
-
This would only apply to non-domestic buildings to which the public could not be deemed to have an implied right of entry, for example, office blocks, factories and other commercial buildings.↩
Mike Gordon
Comments