Statutory Requirements

From 1 October 2008 EPCs are required on the construction, sale or rent of all commercial, residential and public buildings in England and Wales at the beginning of marketing. The legislation requires the production of an Energy Performance Certificate for all property with very limited exceptions.

In Scotland an EPC has to be produced for all properties which are sold or rented from 4 January 2009.

The introduction of this legislation is part of the UK’s interpretation of the requirements of the European Performance of Buildings Directive (EPBD) to promote improvement in the energy performance of new and existing buildings.

It is the responsibility of the property’s owner or landlord to provide an EPC to any prospective buyer or tenant at the earliest possible opportunity. The EPC must be carried out by a qualified Commercial Energy Assessor who is a member of an approved Accreditation Scheme.

Local authorities are responsible for enforcing the requirement to have an EPC on sale or let of a building. Failure to provide an EPC when required by the Regulations means you may be liable to a civil penalty charge notice. 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, with a default penalty of £750 where the formula cannot be applied. The range of penalties under this formula are set with a minimum of £500 and capped at a maximum of £5,000.

We expect the legislative framework to continue to change and EPiC Energy can ensure its clients will have access to best advice on an ongoing basis.