New Energy Performance Certificate regulations affecting commercial properties will now come into force in April next year, the government has announced.
The changes had been due to take effect on 1 July this year but were delayed. In September, the Department for Communities and Local Government announced that it would bring the new measures into force on 6 April 2012.
An Energy Performance Certificates (EPC) gives information on how energy efficient a building is and also contains recommendations on how to reduce that building’s energy use and carbon dioxide emissions. The changes to the regulations include:
- the requirement to commission an EPC before marketing will apply to all buildings (whether for sale or rent). This requirement also affects non-domestic buildings
- those selling or renting buildings must use “reasonable efforts” to ensure that an EPC is obtained within 7 days of marketing the property (previously 28 days)
- the requirement to include the asset rating for a property, or attach a copy of the EPC, applies to particulars for sale (and particulars for rent) for all buildings.
The powers of Trading Standards Officers have also been strengthened so that they will be authorised to require agents (not just owners or landlords) to produce evidence to demonstrate that an EPC has been commissioned.
Richard Hill, managing partner at Gregg Latchams and head of its Commercial Property department, said: “Commercial property owners and landlords need to be up to speed on these changes so that they can market their properties effectively and compliantly.
“The penalty for failing to make an EPC available to any prospective buyer or tenant when selling or letting non-dwellings is fixed, in most cases, at 12.5 per cent of the rateable value of the building, subject to a minimum of £500 and a maximum of £5,000, so failure to comply with the new rules could prove costly.
“For clarification and peace of mind on the new EPC arrangements, seeking the advice of a legal professional experienced in this field is a sensible step.”
For more information, please contact Richard Hill.
