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New Energy Performance regulations come into force

An exemption for listed buildings is among the changes to EPC regulations which came into force yesterday.

All commercial advertisements for sales and lettings must now include the EPC rating of the property (A to G). The now-familiar graph itself (used to display the energy performance of everything from fridges to aeroplanes) does not need to be published in full, unless the advertisement has space. Furthermore, agents are no longer required to attached the front page of the EPC to sales details accompanying any listing.

Potential buyers or tenants should be able to obtain a copy of the EPC after registering their interest. It is the responsibility of either the seller or landlord to provide the certificate under these circumstances, in either hard copy or email form as requested, free of charge. Vendors and landlords may delegate the task of supplying the EPC to the agent, but the responsibility for delivery still rests with the seller or landlord of the property.

Both buyers and sellers should be aware that a copy of the EPC must be supplied prior to any contractual agreement.  The obligation to ensure an EPC has been commissioned before the property is marketed remains.  Failure to adhere to these regulations may result in a fine.

Changes to Commercial Requirements

A number of technical changes also came into force, including changes to the minimum size of a public buildings which require an EPC to be displayed. The requirement to possess an EPC may be waived in the case of listed buildings and protected monuments, if compliance with energy efficiency would “unacceptably alter the character or appearance” of the property.

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