Contents

What legislation governs the requirement of an energy performance certificate?

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

When does providing an energy performance certificate by a landlord come into force?

1st October 2008 for residential dwellings.

6th April 2008 for commercial properties with a useful floor area over 500m2.

The above are for both England and Wales.

Where can I obtain an EPC?

Guild members can obtain an EPC at a discounted rate here

 

May I market my property without an EPC?

An EPC must be commissioned (ordered) “before” a property is put on the market to rent. It is an offence if a landlord markets a property without first commissioning an EPC. An agent is responsible for being satisfied that an EPC has been ordered before they market a property on behalf of a landlord.

After commissioning, how long do I have to obtain the EPC?

An EPC must be obtained within seven days of commissioning. Where all reasonable attempts have been used to obtain within seven days, there is a further 21 days for certain cases but this is only available if every effort has been made to obtain within seven days.

Who must supply an EPC (who is the relevant person)?

“relevant person” means – in relation to a building which is to be rented out, the prospective landlord. Agents must also provide an EPC where they act on behalf of a landlord.

This means even if you are not the owner of the freehold for example in a block of flats owned by a different freeholder and you are the leaseholder, you would still be liable.

Must I provide an EPC to existing tenants?

No

If I renew a tenancy to an existing tenant must I supply an EPC?

No

How long does an EPC last?

10 years.

Who must I supply an EPC to?

You must supply the full EPC to any “prospective tenant“.

A person becomes a prospective tenant when he-

  • requests any information about the building from the relevant person or his agent for the purpose of deciding whether to rent the building;
  • makes a request to view the building for the purpose of deciding whether to rent the building; or
  • makes an offer, whether oral or written, to rent the building.

When must I supply the EPC to the prospective tenant?

Whichever is the sooner of the following:-

  • at the earliest opportunity
  • in the case of a person who requests information about the building, the time at which the relevant person first makes available any information in writing about the building to the person
  • in the case of a person who makes a request to view the building, the time at which the person views the building.

 

If I provide written particulars, must I attach the EPC?

The person giving the particulars must ensure that the front page of the EPC is attached to the written particulars.

“written particulars” means any written description of the property which includes at least two of the following—

  • a photograph of the building or any room in the building,
  • a floor plan of the building,
  • the size of the rooms in the building,
  • the measured area of the building, or,
  • in relation to a building being rented out, the proposed rent.

and a reference to giving particulars includes a reference to giving or making available particulars electronically.

 

Are there situations when I do not have to provide an EPC?

Yes, above does not apply if the relevant person believes on reasonable grounds that the prospective tenant—

(a) is unlikely to have sufficient means to rent the building;

(b) is not genuinely interested in renting a building of a general description which applies to the building; or

(c) is not a person to whom the relevant person is likely to be prepared to rent out the building.

Nothing above authorises the doing of anything which constitutes an unlawful act of discrimination.

The relevant person must ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the tenant.

[r5(3)]

In addition to above, a building that may be demolished is exempt from requiring an EPC.

May I charge the prospective tenant for the EPC?

No, it must be made available free of charge. [r5(2)]


May I supply a photocopy of the EPC?

Yes [r12]

May I supply the EPC electronically?

Yes, but only if the intended recipient consents to receiving the certificate electronically. [r13]

How often must I have an assessment of my property carried out for an EPC?

Every 10 years [r11(3)(a)]

If I have a house with bedsits, must I obtain an EPC for each bedsitting room?

No, according to guidance issued by Department of Communities and Local Government, an EPC is not required where individual rooms are let individually. However, where a house is let on one joint and several tenancy to multiple tenants an EPC is required. See our dedicated article on this question for full information.

If I have a house that has been converted into self-contained flats, do I need an EPC for each flat?

Yes

Can I produce my own EPC?

Only an energy assessor may supply a landlord with a valid EPC. An energy assessor must be a member of an accreditation scheme approved by the Secretary of State.

How much does an EPC cost?

This depends on market conditions. Prices seem to be from £45.00 to £75.00. The Guild charges it’s members £50.00 + VAT.

What are the penalties for failing to supply an EPC?

A penalty charge notice may be issued containing a charge of £200.00. [r43(1)(a)(i)]. This is not a daily charge, however there appears no reason why an enforcement officer could not issue a penalty charge notice each day until an EPC has been obtained.

Who are the enforcing authority?

Trading Standards

Is there a time limit when I can no longer be issued with a penalty notice?

Yes, an enforcement officer may not require a copy of a valid EPC after 6 months from the date you should have made an EPC available. [r39(3)].

If an enforcement officer requests a copy of a certificate, how long do I have to provide the copy?

Within the period of seven days beginning with the day after that on which it is imposed. [r39(4)]

A person is not required to comply with such a requirement if he has a reasonable excuse for not complying with the requirement. [r39(5)]

Is it an offence to obstruct an enforcement officer?

Yes, it is a criminal offence to obstruct an enforcement officer and you would be liable to a fine up to level 5 on the standard scale. [r48].


Is there any requirement on a tenant to allow access to an energy assessor?

Yes …

It shall be the duty of every person with an interest in, or in occupation of, the building to—

(a) allow such access to any energy assessor appointed by the [relevant] person … as is reasonably necessary to inspect the building for the purposes of—

(i) preparing an energy performance certificate and recommendation report;

(ii) preparing a display energy certificate or advisory report; or

(iii) inspecting an air-conditioning system; and

(b) cooperate with the responsible person so far as is reasonably necessary to enable him to comply with the duty …

[r50(2)]

What does an EPC look like?

 

Is it possible for an EPC to be required for a garage for example?

No, it is not required for a garage or similar building because there is no energy used to condition the indoor climate.

“building” means a roofed construction having walls, for which energy is used to condition the indoor climate, and a reference to a building includes a reference to a part of building which has been designed or altered to be used separately;

Penalty

The penalty is £200.00 for dwellings or 12.5% of the rateable value with a minimum £500.00 and maximum £5,000 for commercial [r.43]. The penalty will apply for failing to comply with a number of the regulations including failing to commission an EPC before marketing, failing to provide at a viewing or request for information etc.