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Situations where an EPC is not required

An EPC is generally not required where the seller or landlord can demonstrate that the building is any of these:

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[footnote 2] 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.

Temporary buildings with a planned time of use of 2 years or less.

Residential buildings which are intended to be used less than 4 months of the year or where the owner or landlord could reasonably expect the energy consumption of the building to be less than 25% of all year round use.

Stand-alone buildings with a total useful floor area of less than 50m2 (i.e. buildings entirely detached from any other building).

A building is also exempt where the seller or landlord can demonstrate that:

  • the building is suitable for demolition
  • the resulting site is suitable for redevelopment
  • all the relevant planning permissions, listed building consents and conservation area consents exist in relation to the demolition, and
  • in relation to the redevelopment, either outline planning or planning permission exists and where relevant listed building consents exist

Holiday lets may not need an EPC. An EPC will only be required for a property rented out as a furnished holiday let, as defined by HMRC, where the building is occupied for the purposes of a holiday as a result of a short term letting arrangement of less than 31 days to each tenant, and is rented out for a combined total of 4 months or more in any 12 month period, and if the occupier is responsible for meeting the energy costs for the property.

The property must meet all the conditions of a furnished holiday let as defined by HMRC and the occupant must not be responsible for the energy costs in order for an EPC not to be necessary. Please see the Glossary for the full definition of a Furnished Holiday Let.

An EPC is not required for an individual room when rented out, as it is not a building or a building unit designed or altered for separate use. The whole building will require an EPC if sold or rented out.

DCLG is unable to provide specific advice regarding whether any of these exemptions may apply to specific properties. Specialist advice relevant to the circumstances should be sought.

There are no other exemptions from the EPC obligations although there may be some transactions which do not qualify as a sale or renting out (see Section 2, Transactions not considered a sale or rent). If in doubt, legal advice should be sought.

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  1. Mike Gordon

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