Energy Performance Certificates (EPC's) 09 January 2013

Energy Performance Regulations

Information on the changes which have been made to the Energy Performance of Buildings (England and Wales) Regulations 2012. The changes are also summarised in the 'Detail' section below
December 2012 Department for Communities and Local Government
Improving the energy efficiency of our buildings

A guide to energy performance certificates for the construction, sale and let of non-dwellings

Detail:

The Energy Performance of Buildings Directive is an EU measure designed to tackle climate change by reducing the amount of carbon produced by buildings. The requirements of the Directive were implemented on a phased basis by the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007.

Key requirements were:

  • energy performance certificate to be produced on the sale, rent or construction of a building
  • display energy certificate to be produced and displayed in large public buildings
  • air conditioning equipment above a certain size to be inspected regularly

Changes have been made to the regulations, to transpose the requirements of a recast of the Energy Performance of Buildings Directive in England and Wales. The main requirements will be introduced on 9 January 2013 and are summarised below:

  • property advertisements to include details of energy performance certificate rating where available
  • no longer a requirement to attach front page of the energy performance certificate to written material
  • extension of current requirement for a display energy certificate in large public buildings, to public buildings above 500m²
    Unlike buildings larger than 1,000m², display energy certificates for smaller public buildings will be valid for 10 years
  • energy performance certificate to be displayed in commercial premises larger than 500m² where one has been previously issued

The guidance documents have been revised to reflect the changes and can be viewed via these links

https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/50268/A_guide_to_energy_performance_certificates_for_the_construction_sale_and_let_of_non-dwellings.pdf

https://www.gov.uk/government/publications/improving-the-energy-efficiency-of-our-buildings

The new regulations consolidate all existing regulations which have been revoked. They are available at http://www.legislation.gov.uk/

Key points:

  • The requirement for non-dwellings to have an EPC on construction, sale or rent was introduced using a phased approach from 6 April 2008
  • The EPC shows the energy efficiency rating (relating to running costs) of a non-dwelling.

The rating is shown on an A–G rating scale similar to those used for fridges and other electrical appliances

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  • The EPC includes recommendations on how to improve the energy efficiency.

There is no statutory requirement to carry out any of the recommended energy
efficiency measures stated. The EPC may also include information showing which
of these measures would be eligible for finance under the Green Deal scheme, if
required

  • EPCs for non-dwellings must be produced by an accredited non-domestic energy assessor, who is a member of a government approved accreditation scheme
  • The seller or landlord must provide an EPC free of charge to a prospective buyer or Tenant/occupier at the earliest opportunity.
  • A copy of the EPC must also be provided to the successful buyer or the person who takes up the tenancy
  • Estate agents and other third parties must ensure that an EPC has been commissioned before they can market a property for sale or rent
  • In addition, all advertisements in the commercial media must clearly show the energy rating of the building (where available)
  • EPCs are valid for 10 years and can be reused as required within that period.
    A new EPC is not required each time there is a change of tenancy/occupancy, or the property is sold, provided it is no more than 10 years old. Where more than one is produced, the most recent EPC is the valid one.
  • EPCs to be displayed in commercial premises larger than 500m² that are frequently visited by the public, and where one has previously been produced for the sale, construction or renting out of the building.

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