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Complaints

To make a complaint about the availability or quality of an EPC or about an energy assessor who produced the documents or carried out the energy assessment:

EPC on sale or rent

For complaints regarding the duty to make available an EPC free of charge to any prospective buyer or tenant, contact the local weights and measures authority. Local weights and measures authorities (Trading Standards) have a duty to enforce most EPC obligations.

Quality or accuracy of the EPC and its recommendations

For complaints regarding the quality and accuracy of the EPC contact the energy assessor in the first instance. If the matter cannot be 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. If the matter cannot be 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.

What happens to these complaints

The accreditation scheme must investigate the complaint and, where necessary, provide the appropriate redress. Where it is found that the information is incorrect a new EPC must be issued and the information on the 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 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 their 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 of criminal law, to be pursued by making a complaint to the police.

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  1. Mike Gordon

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