Changes to EPC Regulations from 6 April 2012

05 April 2012

New Regulations are being introduced on 6 April 2012 relating to Energy Performance Certificates (EPC’s), which Regulations will be enforceable within England and Wales.   These certificates have been in place since 2007 and provide an assessment of a building’s energy efficiency on an A-G scale and a set of recommendations that can improve the building’s energy efficiency.  The Department for Communities and Local Government has revised the documents to be more user-friendly so that hopefully it will be more likely they will be taken into account on the sale or letting of a commercial or residential property.

The new Regulations will require that an EPC must be commissioned before any property is marketed.  Prior to 6 April 2012, an EPC is only required for the sale of residential dwellings.  After 6 April 2012, an EPC will also be required for the sale or letting of commercial premises.   The new Regulations will require that “reasonable efforts” are made to obtain an EPC within seven calendar days from commencement of marketing of the property and after a further 21 days following this initial 7 day period the EPC must have been obtained.  Trading Standards Officers may choose to serve a penalty notice if an EPC has not been obtained within that time (i.e. 28 days after commencement of marketing).

The potential penalty for not supplying the EPC for domestic properties has not changed; it remains at £200.  For non-domestic properties, the potential penalty could be equivalent to 12.5% of the rateable value of the property, with a minimum of £500 and a maximum of £5,000.  

The new regulations will not apply to commercial properties where marketing commenced prior to 6 April 2012 provided that the premises have been “continuously” marketed throughout the period before and after the commencement of the new Regulations and there has been no break in the marketing.

For any further information on how this might impact on your property, please contact a member of Quastel Midgen’s Real Estate Team.