New rules for energy performance certificates
12th July 2012
Energy Performance Certificates became a requirement for commercial property sales and lettings in early 2009. Their purpose is to give an energy efficiency and carbon dioxide rating of a property. The rating is given on a scale of A to G with A being the most energy efficient and G being the least efficient.
Many landlords and sellers have chosen to ignore their responsibility to provide an EPC on a letting or sale despite the risk of incurring a penalty for not doing so.
The rules have now been strengthened and the penalties are more severe. The penalty for non-compliance for a commercial property amounts to 12.5% of the rateable value of the property, subject to a minimum fine of £500.00 and a maximum fine of £5,000.00. In the majority of cases there is now a duty to provide the front page of the EPC in written marketing materials so it is easier for the authorities to find out who is and who is not complying.
It is the role of Trading Standards officers to police the EPC regulations and there is a 7 day period of grace from the start of marketing a property to the commissioning of an EPC. In practice, fines can be made if the EPC is not available after 28 days.
Please speak to Laura Pyatt from the commercial property team for more information on 01543 267192 or lpyatt@ansonsllp.com.
