New energy performance certificate regulations published

Date Added: 09 November 2011

On 6 April 2012 the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (SI 2011/2452) will come into force. This amendment to previous legislation makes the following key changes:

• An energy performance certificate (EPC) is required on marketing for all properties.
• Written property particulars must include a copy of the full EPC. It is no longer possible to include only the asset rating.
• Air conditioning reports must be registered.

EPC required on marketing for all properties

Before marketing a residential property for sale, the seller must ensure that an EPC is commissioned for the property. The seller must use all reasonable efforts to ensure that an EPC is obtained within 28 days of marketing the property (regulations 5A(2)(4), EPB Regulations 2007, as inserted by  the EPB Regulations 2010).

Regulation 5A of the EPB Regulations 2007 has been amended so that:

The requirement to commission an EPC before marketing applies to all buildings, whether for sale or rent. This will include non-domestic buildings.

AND

There will be an obligation to use all reasonable efforts to ensure that an EPC is obtained within seven days of marketing the building (although there will be an additional 21 day period during which the EPC can be obtained, if it has not been obtained within the initial seven day period).

No longer possible to include only the asset rating in written particulars

Under the EPB Regulations 2007, once an EPC has been obtained, a person providing written particulars for the sale of residential property must ensure that the particulars include the asset rating, or attach a copy of the EPC to the particulars (regulation 6, EPB Regulations 2007, as amended by the EPB Regulations 2010).

Under the EPB Regulations 2011, the requirement to include an EPC, once it has been obtained, with written particulars will apply to all buildings, whether offered for sale or rent. It will not be possible to include the asset rating only.

Air conditioning reports

If an air-conditioning inspection report is required, this will need to be lodged onto the central EPC register. A fee can be charged for lodging an inspection report on the register.

Saving provision for residential properties

Residential properties marketed before the EPB Regulations 2011 come into force can still rely on regulations 5 and 5A of the EPB Regulations 2007, as unamended (regulation 4, EPB Regulations 2011). There is no similar grace period for non-residential properties.

If you are selling or letting a commercial property then please contact Mark Dewey on mjd@hallettandco.co.uk or Andrew Doinik on aad@hallettandco.co.uk. Alternatively, if you are selling or letting a residential property then please contact David Fifield on dgf@hallettandco.co.uk for advice.

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