What happens if the EPC is delayed or not obtainable?
The energy performance information required under regulation 8(b) or 8(c) should be included in the Pack when marketing begins and this is dealt with under regulation 14(2) and regulation 17 (documents required within 28 days of marketing).
However, this regulation recognises that there may be some exceptional cases where energy information is obtainable but where, despite all reasonable efforts of the responsible person, they cannot be obtained within a reasonable time scale. Examples of such circumstances would be where the document has been produced but mislaid, or the property is of unusual construction and a Domestic Energy Assessor or Home Inspector with the necessary skills and knowledge cannot be engaged within a reasonable time scale.
This regulation describes the circumstances in which marketing can take place with a pack that does not include these documents
4. 9 The HIP regulation applies to homes put on the market on or after 6 April 2009 and does not apply where regulation 20 applies – i.e. where the documents are completely unobtainable. HIP Regulation 4. 10 16(1) provides that the regulation applies to the following documents:
• energy performance certificate and recommendation report (required under regulation 8(b)• predicted energy assessment (required under regulation 8(c) for new homes marketed before they are physically complete).
HIP Regulation 4. 11 16(2) provides that where despite all the reasonable efforts of the seller or any person acting as estate agent for the seller, any of the documents listed above cannot be obtained within a reasonable time scale, a home information pack complies with the Regulations without that document being included in the HIP.
This is subject to certain conditions, however, as follows: 34 | The Home Information Pack (No. 2) Regulations 2007 (as amended):
• the first point of marketing must occur no earlier than 14 days after the date on which the request for the document is delivered. Regulation 19 describes how this date is established. In practice, this means, that the responsible person must wait at least 14 days for the document requested to arrive before marketing activity can be initiated
• the responsible person (the seller or any person acting as estate agent for the seller) must have done, and continue to do, everything that could reasonably be expected of them to obtain the document and, in particular, to obtain it within 28 days of the date when marketing began (“all reasonable efforts” would include following up requests and, where necessary and possible, seeking to obtain the document from an alternative source)
• that the document is included in the HIP as soon as possible once it is obtained and
• documentary evidence that the missing information has been requested and which complies with regulation 18(2) is included in the HIP. 4. 12 16(3) provides that where a document is added to the pack later in the marketing process, the date at which it is added will be treated as the “first point of marketing” so far as that document is concerned. This will be relevant for time sensitive documents such as searches and the energy performance certificate and recommendation report, which are subject to age limitations when marketing begins.