On the 1st October 2008, the EU Energy Performance of Buildings Directive extended the requirement for all Commercial Buildings and all types of Residential property to have an Energy Performance Certificate in place upon construction or prior to the property being marketed for sale or to let.
The Energy Performance Certificate outlines the energy efficiency rating of the property. The higher the rating the more energy efficient the property is and the lower the associated fuel bills will be. The energy performance certificate further details an environmental impact rating, which is a measure of a properties impact on the environment in terms of the carbon dioxide (CO2) emissions. The higher the rating the less the impact it has on the environment.
An accredited Domestic or Non-Domestic Energy Assessor will carry out a detailed inspection of the subject building and will collate and analyse information such as the buildings fabric/structure and its use, lighting, heating and air condition / cooling systems, as well as glazing and insulation materials. The diagnostics will formulate graphs and reports together with the issue of the certificate. The EPC compares the subject building to a benchmark similar building and hence a potential purchaser or tenant is informed whether the building has a rating above, below or average of a building of that type and age.
A property can fail the assessment if a rating of F or G is determined and the Landlord will not be allowed to let such a property until a rating of E or above is achieved. This is governed by the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 and commenced from 1st April 2018.
The EPC is valid for a 10 year term, but if energy efficiency improvements have been made since, you may decide to update the EPC to take account of such improvements.
The EPC should be in place prior to the marketing of the property as applicants who request sight of the EPC must have this provided without delay. Vendors, landlords, assignors or their instructed property agent whose properties do not have a valid EPC in place, risk being reported to their local Trading Standards and the Office of Fair Trading.
The penalty for failing to provide a prospective purchaser or tenant with an EPC is fixed, for commercial properties this is in most cases at 12.5% of the rateable value of the building, with a default penalty of £750 when the formula cannot be applied. The penalties range from a minimum of £500 to a capped maximum of £5,000. For residential properties the penalty is £200.
Responsibility for enforcement in newly built properties falls within the remit of Building Control, whilst Trading Standards oversees the enforcement of certificates of existing buildings. To be specific, an EPC must be provided to a prospective purchaser or tenant, no later than:
a) Any written information about the building is provided in response to a request for information.
b) When a viewing/inspection of the building is conducted.
Penalties are also applicable where a property has been rented out where the EPC rating is below an E. Fines of up to £5,000 can be enforced, depending on the type of infringement and the length of non-compliance. A tenant can raise a case with the First-Tier Tribunal General Regulatory Chamber if they feel a landlord is non-compliant.
We have experience in producing energy surveys and certification for all types of properties nationwide, ranging from small retail units, office suites through to hotels, nursing homes, restaurants, public authority buildings, factories, industrial complexes, large distributions centres, city high rise office blocks and shopping centres, covering Level 3, 4 and 5 surveys.
We have experience in producing energy surveys for all types of existing residential properties ranging from flats, houses through to mansions.