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Why is an energy performance certificate EPC required?

An Energy Performance Certificate (EPC) is intended to inform potential buyers or tenants about the energy efficiency of a building, so they can consider energy efficiency as part of their investment or business decision to buy or occupy that building.

An Energy Performance Certificate EPC will provide an energy efficiency rating for a building, which is based on the energy efficiency performance potential of the building itself (the fabric) and its services (such as heating, ventilation and lighting). The energy efficiency rating given on the Energy Performance Certificate EPC certificate reflects the intrinsic energy efficiency standard of the building relative to a benchmark, which can then be used to make comparisons with comparable properties’ energy efficiency. It is accompanied by an Energy Performance Certificate EPC recommendation report, which provides recommendations on how the energy efficiency of the building could be enhanced, together with an indication of the payback period.

Buildings requiring an energy performance certificate (EPC);

An Energy Performance Certificate EPC is only required for a building when constructed, sold or let.

For the purposes of the Energy Performance Certificate EPC regulations, a building is defined as:

“a roofed construction having walls, for which energy is used to condition the indoor climate, and a reference to a building includes a reference to a part of a building which has been designed or altered to be used separately”.

Services that are considered the energy efficiency of conditioning the indoor climate are the following fixed services: heating, mechanical ventilation or air-conditioning. Although the provision of hot water is a fixed building service, it does not “condition the indoor environment” and would not therefore be a trigger for an Energy Performance Certificate EPC. The same argument applies to electric lighting, which does effect the buildings energy efficiency but does not require an Energy Performance Certificate EPC.

Where a building is expected to have heating, mechanical ventilation or air conditioning installed, it will require an Energy Performance Certificate EPC based on the assumed fi t out in accordance with the requirements in Part L of the Building Regulations to find the energy efficiency.

For an Energy Performance Certificate EPC, A building can be either:

The whole of a building
Part of a building, where the part is designed or altered to be used separately.

In terms of the requirement for an Energy Performance Certificate EPC, buildings can have multiple tenancies, differing lease agreements, various sub-letting arrangements and different uses (eg mixed retail, residential and office accommodation). All require an Energy Performance Certificate EPC to show energy efficiency.

In general terms the Energy Performance Certificate EPC provided or made available should reflect the accommodation being sold or let.

To determine the requirement for an Energy Performance Certificate (EPC) in a building, the following should be considered:

Buildings with a common heating system

one Energy Performance Certificate (EPC) can be produced (or made available) for the whole building and used when the building, or any part of it, is sold or let showing energy efficiency.
if a part, designed or altered for separate use, is sold or let, an Energy Performance Certificate (EPC) can be produced (or made available) for that part showing energy efficiency.

Buildings without a common heating system

An Energy Performance Certificate (EPC) should be prepared (or made available) for each part being offered for sale or let. If an Energy Performance Certificate (EPC) does exist for the whole building (e.g. as a result of construction) it is not possible to use this unless the whole building is being sold or let.

Classification of buildings for Energy Performance Certificate EPC

a dwelling means a separate unit designed to provide living accommodation for a single household. This would imply that it does not share kitchen and bathroom facilities. Separate Energy Performance Certificate EPC guidance is available for dwellings and their energy efficiency.
a non-dwelling is a building that is not a dwelling. Only non-dwellings are covered in this guidance for an EPC and energy efficiency.
rooms for residential purposes are not classified as dwellings. These are excluded from the requirement to provide Energy Performance Certificate (EPC s) to show energy efficiency on sale or rent. However, if the building containing the rooms for residential purposes is sold or let, it will require a non- domestic Energy Performance Certificate EPC, to determine it’s energy efficiency.
some buildings may contain dwellings and non-dwellings. Each dwelling must have its own Energy Performance Certificate (EPC) to show energy efficiency.

Representative apartments or units

Energy Performance Certificate (EPC s) for apartments or units designed or altered for separate use in blocks may be based on the assessment of another representative apartment or unit’s energy efficiency in the same block. For a part of a building to be defined as an apartment or unit for an Energy Performance Certificate EPC it should be capable of separate occupation.

Energy Performance Certificate EPC for energy efficiency of Communal areas

communal areas should be ignored when producing an Energy Performance Certificate (EPC) for an apartment or unit.
when a building containing communal areas is sold or let, the communal areas may either be included in the Energy Performance Certificate (EPC) for the building or assessed separately to provide an Energy Performance Certificate EPC for the communal areas showing energy efficiency.

Use of energy to condition the indoor climate and the requirement for an Energy Performance Certificate (EPC)

fixed services are any part of, or any controls associated with, fi xed systems for heating, mechanical ventilation or air conditioning i.e. those services attached to the fabric of the building effecting energy efficiency.
if there is no intention of having fi xed services and no ability to include fi xed services to condition the indoor climate and alter the overall energy efficiency, then an Energy Performance Certificate (EPC) will not be required.
if a building is to be let with fi xed services, the Energy Performance Certificate (EPC) for the building should reflect the fiixed services actually installed for the energy efficiency.
if a building is to be let without fi xed services, but there is an intention that fixed services will be installed, the Energy Performance Certificate (EPC) should be based on the building's use class and energy efficiency under the planning legislation. This applies whether fi xed services have ever been installed previously in the building, or whether the building is newly constructed on a "shell and core" basis. For the purposes of producing the Energy Performance Certificate (EPC), the activity within the building should be specified in line with business activity typical of the use class and the most energy intensive fi t-out adopted in line with Part L of the Building Regulations in force when the building was built.
energy used directly for heating or cooling a process is not taken to mean conditioning the indoor climate. Those buildings without any other conditioning would not require an Energy Performance Certificate (EPC).

When Energy Performance Certificates (EPC) are required

Any building that was already on the market before the 6 April 2008 and 1 July commencement dates and remains on the market afterwards will not need an Energy Performance Certificate (EPC) until 1 October 2008. If it is sold or rented out in the meantime however, an Energy Performance Certificate (EPC) must be commissioned and then handed over as soon as reasonably practicable.

Energy Performance Certificate (EPCs) for the sale or letting of buildings that are not dwellings will be valid for 10 years, or until a newer Energy Performance Certificate (EPC) is produced for building, if sooner.

Situations where an Energy Performance Certificate (EPC) is not required

An energy effiEnergy Performance Certificate EPC is not required on construction, sale or rent for:

places of worship (No Energy Performance Certificate EPC)
temporary buildings with a planned time of use of less than two years (No Energy Performance Certificate EPC)
stand-alone buildings with a total useful fl oor area of less than 50m2 that are not dwellings. (No Energy Performance Certificate EPC)
industrial sites, workshops and non-residential agricultural buildings with low energy demand. (No Energy Performance Certificate EPC)

An Energy Performance Certificate EPC is not required on sale or rent for buildings due to be demolished. The seller or landlord should be able to demonstrate that:

the building is to be sold or let with vacant possession (No Energy Performance Certificate EPC)
the building is suitable for demolition and the resulting site is suitable for redevelopment (No Energy Performance Certificate EPC)
they believe, on reasonable grounds, that a prospective buyer or tenant intends to demolish the building (eg on evidence of an application for planning permission).(No Energy Performance Certificate EPC)

What are Energy Performance Certificates (EPC)?

What is an Energy Performance Certificate EPC and what does it mean?

The Energy Performance Certificate (EPC) looks broadly similar to the energy labels now provided with vehicles and many household appliances. Its purpose is to indicate the energy efficiency of a building is. The Energy Performance Certificate EPC will provide an energy efficiency rating of the building from A to G, where A rating Energy Performance Certificate EPC is very energy efficient and G is the least energy efficient Energy Performance Certificate EPC. The better the rating, the more energy efficient the building is, and the lower the fuel bills are likely to be. The energy efficiency of the building is shown as a Carbon Dioxide (CO2) based index.

Each Energy Performance Certificate EPC energy efficiency rating is based on the characteristics of the building itself and its services (such as heating and lighting). Hence this type of rating is known as an Energy Performance Certificate EPC energy efficiency rating.

The Energy Performance Certificate EPC energy efficiency ratings will reflect considerations including the age and condition of the building. It is accompanied by an Energy Performance Certificate EPC recommendation report, which provides recommendations on using the building more energy efficiently, cost effective improvements to the building and other more expensive improvements which could enhance the building’s energy efficiency.

What an Energy Performance Certificate EPC for a non-dwelling contains

In addition to the asset ratings, an Energy Performance Certificate (EPC) must convey several other key pieces of information:

reference information – this includes the unique Energy Performance Certificate EPC reference number (as stored in the central register), and the date of issue of the Energy Performance Certificate EPC.
energy assessor details – this includes the Energy Performance Certificate EPC energy efficiency assessor’s name, accreditation number, employer’s name (or any trading name if self employed) and Energy Performance Certificate EPC accreditation scheme.
information on how to complain or how to confirm that the certificate is genuine – the Energy Performance Certificate EPC will provide information on how to register a complaint about an unsatisfactory EPC and how to check the EPC certificate is authentic.

The Energy Performance Certificate EPC is accompanied by a report which includes cost-effective recommendations to improve the energy efficiency. For each improvement indicative paybacks are listed.

Registering Energy Performance Certificates (EPC s)

All Energy Performance Certificate EPC s are stored in a national register. The register is the official place for the storage of all Energy Performance Certificate EPC and is the single source of Energy Performance Certificate EPC information for a building. Having a register helps to protect Energy Performance Certificate EPC consumers. Those in possession of an Energy Performance Certificate EPC, such as building owners or tenants, can verify the authenticity of an Energy Performance Certificate EPC by using its reference number to check it against the Energy Performance Certificate EPC held on the register under that number. For the Energy Performance Certificate EPC.

Once an Energy Performance Certificate EPC has been registered it cannot be altered. However, an Energy Performance Certificate EPC that is in dispute may be annotated on the register to show that they are under investigation. As Energy Performance Certificate EPC data is kept on the register for 20 years, more than one Energy Performance Certificate EPC may be stored over a number of years for one building. An Energy Performance Certificate EPC may be valid for up to 10 years. If there are other certificates for the building on the register that are less than 10 years old only the most recent Energy Performance Certificate EPC will be valid.

Energy efficiency assessors lodge each Energy Performance Certificate EPC after they produce it, and each is given a unique Energy Performance Certificate EPC reference number. Access to the database is restricted, so only those who have the unique Energy Performance Certificate EPC reference number can access the Energy Performance Certificate EPC registered for a particular building, apart from certain provisions allowing access to Energy Performance Certificate EPC accreditation and enforcement bodies, and on an anonymised basis to government.

There are two separate Energy Performance Certificate EPC databases within the Energy Performance Certificate EPC register, one for dwellings energy efficiency and the other for non-dwellings energy efficiency.

The Energy Performance Certificate EPC register is currently operated by Landmark Information Group Limited.

Obtaining an Energy Performance Certificate EPC

Responsibilities for providing an Energy Performance Certificate EPC on construction or modification of a non-dwelling

When a building being constructed is physically complete, it is the responsibility of the person carrying out the construction to give an Energy Performance Certificate EPC and Energy Performance Certificate EPC recommendation report to the building owner and to notify Building Control that this has been done. Building Control will not issue a certificate of completion until they are satisfied the Energy Performance Certificate EPC has been done.

If a building is modified to have more or fewer parts than it originally had and the modification includes the provision or extension of fi xed services for heating, air conditioning or mechanical ventilation effecting energy efficiency (ie those services that condition the indoor climate for the benefits of the occupants) then an Energy Performance Certificate EPC will be required. When the modifications are physically complete, it is the responsibility of the person carrying out the modification works to give an Energy Performance Certificate EPC and recommendation report to the building owner and to notify Building Control that this has been done. Building Control will not issue a certificate of completion until they are satisfied the Energy Performance Certificate EPC is done.

Responsibilities for providing Energy Performance Certificates EPCs when selling or letting a non-dwelling for energy efficiency

As soon as a building is in the process of being offered for sale, it is the responsibility of the seller to make available an Energy Performance Certificate EPC of energy efficiency to prospective buyers free of charge in order to show the energy efficiency.

As soon as a building is in the process of being offered to let, it is the responsibility of the prospective landlord to make available an Energy Performance Certificate EPC of energy efficiency to prospective tenants to show the energy efficiency.

It is the responsibility of the seller or landlord offering the accommodation for sale or let to make an Energy Performance Certificate EPC of energy efficiency available for their building. A lease assignment would be considered to be a sale and the assignor should provide the Energy Performance Certificate EPC to show energy efficiency.

The seller or landlord is responsible for ensuring there is an Energy Performance Certificate EPC of energy efficiency to show energy efficiency for the building, or the energy efficiency of part of the building, being sold or let, even if an agent or another service organisation is acting on their behalf or providing an Energy Performance Certificate EPC of energy efficiency. The seller or landlord should therefore ensure any agents acting on their behalf are complying with the Regulations for energy efficiency.

As enforcement officers can request a copy of an Energy Performance Certificate EPC from a landlord or seller at any time up to six months after it was required, it would be prudent for sellers or landlords to retain their Energy Performance Certificate EPC reference number so that a copy of an Energy Performance Certificate EPC can be obtained from the register if required to show energy efficiency.

For those considering letting or sub-letting a building, it is recommended that the availability of an Energy Performance Certificate EPC of energy efficiency is ensured at an early stage to be ready for any future transaction. There are two ways this could be achieved:

get an Energy Performance Certificate EPC of energy efficiency for the whole building where there is a common heating system, negotiating as necessary with any head landlord.
get an Energy Performance Certificate EPC of energy efficiency for the part of the building you are letting or sub-letting. If you are letting a fl oor, for example, in a building with a common heating system, you may get an Energy Performance Certificate EPC done for just that fl oor. If you occupy a part designed or altered to be used separately and there is no common heating system you will need a separate Energy Performance Certificate EPC anyway to show energy efficiency.

It is the duty of every person with an interest in, or in occupation of, the building to co-operate with any seller or prospective landlord as far as is necessary to enable them to comply with any duty under the Regulations to make available an Energy Performance Certificate EPC of energy efficiency, and allow access to any energy assessor they appoint.

Transactions not considered to be a sale or let for an Energy Performance Certificate EPC

The purpose of providing an Energy Performance Certificate EPC of energy efficiency during the sale or letting process is to enable potential buyers or tenants to consider the energy efficiency of a building as part of their investment. Not all transactions will be considered to be a sale or let to which the duties apply. These will include:

lease renewals or extensions
compulsory purchase orders
sales of shares in a company where buildings remain in company ownership
lease surrenders

There may be other types of transaction that it might be argued do not require an Energy Performance Certificate EPC of energy efficiency, for example, living accommodation at a workplace and tied to a job, or not-for-value transactions, but this will depend on the individual circumstances of any case.

Responsibilities for conducting Energy Performance Certificate EPC assessments to evaluate energy efficiency

The people able to conduct energy efficiency assessments and produce Energy Performance Certificates EPC must be accredited energy efficiency assessors. Energy efficiency assessors can be self-employed, employees of Energy Performance Certificate EPC service organisations such as estate agents, surveyors or energy efficiency companies, or employees of the landlord or owner.

Energy efficiency assessors must act in an independent manner and be a member of a Government approved Energy Performance Certificate EPC accreditation scheme. Energy efficiency assessors are responsible for conducting an energy efficiency assessment, producing an Energy Performance Certificate EPC and lodging the Energy Performance Certificate EPC with their accreditation scheme.

Where data gatherers are used for non-domestic Energy Performance Certificate EPC:

the Energy Performance Certificate EPC energy efficiency assessor is responsible for ensuring that such assistants are ‘fi t and proper‘, including being Criminal Record Bureau checked where required, have the correct insurances, and the technical ability to undertake an Energy Performance Certificate EPC
the Energy Performance Certificate EPC energy efficiency assessor is responsible for all the actions, Energy Performance Certificate EPC data and output as though he had undertaken the Energy Performance Certificate EPC data gathering himself
the Energy Performance Certificate EPC energy efficiency assessor’s responsibility for the fiiinal Energy Performance Certificate EPC and EPC recommendation report is the same as though he had undertaken all the Energy Performance Certificate EPC duties himself.

The accreditation scheme is responsible for ensuring Energy Performance Certificate EPC are properly registered and also for the quality of the Energy Performance Certificate EPC you receive.

Producing Energy Performance Certificates EPC

Once an Energy Performance Certificate EPC energy efficiency assessor has been commissioned to produce an Energy Performance Certificate EPC, there are three main steps to performing the assessment, which are:

gathering the relevant Energy Performance Certificate EPC energy efficiency information about the building
analysing the Energy Performance Certificate EPC energy efficiency information and identifying different zones of the building
entering the Energy Performance Certificate EPC energy efficiency information into an approved software program. The appropriate methods for commercial buildings are SBEM – Simplified Building Energy Model or DSM – Dynamic Simulation Model (even if the building was originally used for residential accommodation). And producing an Energy Performance Certificate EPC.

This information will be fed into an approved Energy Performance Certificate EPC software program using a Government approved energy efficiency assessment method. The software produces the Energy Performance Certificate EPC and the Energy Performance Certificate EPC recommendation report for the building including an energy efficiency rating.

The Energy Performance Certificate EPC energy efficiency assessor will then record the Energy Performance Certificate EPC onto the national EPC register via his or her accreditation body and provide the seller or prospective landlord with the Energy Performance Certificate EPC.

The Energy Performance Certificate EPC is now ready to be given to new building owners or made available to prospective buyers or tenants.

Energy Performance Certificate EPC Energy Efficiency Assessor Accreditation

Government approved Energy Performance Certificate EPC energy efficiency assessor accreditation schemes monitor the quality of energy efficiency assessments and an Energy Performance Certificate EPC by ensuring Energy Performance Certificate EPC energy efficiency assessors are competent and possess the appropriate skills to conduct Energy Performance Certificate EPC energy efficiency assessments. To become a member of an accreditation scheme an Energy Performance Certificate EPC energy efficiency assessors will need to:

demonstrate their competence, either by having a recognised qualification from an Energy Performance Certificate EPC awarding body or approved prior experience and learning equivalent to the National Occupational Standard requirements for Energy Performance Certificate EPC.
maintain appropriate professional indemnity cover
update their skills and knowledge regularly
participate in the accreditation body’s quality assurance scheme
abide by the scheme's advice and guidance.

Energy Performance Certificate EPC Energy efficiency assessors will need to be qualified for the type of building being Energy Performance Certificate EPC assessed. For non-dwelling Energy Performance Certificate EPC, the levels are:

level 3 Energy Performance Certificate EPC – simple, existing non-dwellings: small buildings such as converted houses or doctor's surgeries (using SBEM)
level 4 Energy Performance Certificate EPC – new and existing non-dwellings: eg small purpose-built office buildings (using SBEM)
level 5 Energy Performance Certificate EPC – new and existing complex non-dwellings: eg large office buildings or factories (using modelling tools eg DSM)

Using Energy Performance Certificate EPC in commercial transactions

The Energy Performance Certificate EPC energy efficiency assessor has a duty of care under the Regulations, both to the seller or prospective landlord and to the prospective buyer or tenant, to carry out an Energy Performance Certificate EPC energy efficiency assessment on a building with reasonable care and skill. This duty is enforceable for as long as the Energy Performance Certificate EPC subsequently produced remains valid.

Once an Energy Performance Certificate EPC for energy efficiency has been produced for a building, it is valid for 10 years or until a newer Energy Performance Certificate EPC is produced. If an Energy Performance Certificate EPC for energy efficiency is subsequently produced for part of a building, a previous Energy Performance Certificate EPC for the building as a whole (or for any larger part of the building) will remain valid, except for any separate transactions for the specific part covered by the newer Energy Performance Certificate EPC. Conversely, if an Energy Performance Certificate EPC is subsequently produced for a building as a whole, or a part of a building, any Energy Performance Certificate EPC for smaller or different parts of the building will also remain valid.

For example, the landlord obtains an Energy Performance Certificate EPC for a whole office block. The tenant obtains an Energy Performance Certificate EPC for just the fi rst fl oor. The landlord’s Energy Performance Certificate EPC remains valid, except for transactions that relate solely to the fi rst fl oor, in respect of which only the tenant’s more recent Energy Performance Certificate EPC is valid. Conversely, if a tenant has obtained an Energy Performance Certificate EPC for one fl oor, that Energy Performance Certificate EPC remains valid even if the landlord subsequently obtains an Energy Performance Certificate EPC for the whole building (including the tenant’s floor).

The Energy Performance Certificate EPC will be stored in the central register and subsequent owners or tenants can make the Energy Performance Certificate EPC available in the course of any transaction while it remains valid. It can only be accessed using the unique Energy Performance Certificate EPC Reference Number.

If an Energy Performance Certificate EPC is subsequently alleged to have been produced fraudulently, this is a matter for criminal law, to be pursued by making a complaint to the Police.

Applying the regulations in practice

Providing information to prospective buyers and tenants

A valid Energy Performance Certificate EPC and Energy Performance Certificate EPC recommendation report showing energy efficiency must be made available free of charge by the seller or landlord to a prospective buyer or tenant when non- dwellings are sold or let. This must be at the earliest opportunity and no later than:

when any written information about the building is provided in response to a request for information received from the prospective buyer or tenant
when a viewing is conducted
in any event, before entering into a contract to sell or let.

In the case of auctions, the Energy Performance Certificate EPC need not be made available in the catalogue. If however a photograph accompanied by a fl oor plan or description of room sizes, or a fl oor plan and description of room sizes is included in the catalogue, an asset rating will need to be shown. Moreover, an Energy Performance Certificate EPC must be available in a pack and made available to prospective buyers or tenants at the earliest opportunity as in the circumstances described above.

Whilst the Regulations state that an Energy Performance Certificate EPC should be provided free of charge to prospective buyers or tenants, a landlord may organise an Energy Performance Certificate EPC for the whole building and may be able to recover the cost of producing a an Energy Performance Certificate EPC of energy efficiency via the service charge. However, this will depend on how the lease is drafted.

An Energy Performance Certificate EPC of energy efficiency does not have to be made available if the seller or prospective landlord believes on reasonable grounds that:

the prospective buyer or tenant is unlikely to have sufficient funds to purchase the building or is not genuinely interested in buying or renting a building of that type
the seller or prospective landlord is unlikely to be prepared to sell or rent the building to the prospective buyer or tenant, although this does not authorise unlawful discrimination.

Building use, tenancy arrangements and the requirements for an Energy Performance Certificate EPC

The use and occupancy patterns of a non-dwelling can be complex. This section highlights a number of situations that frequently occur and the consequent requirements for an Energy Performance Certificate EPC of energy efficiency.

Energy Performance Certificate EPC certification for units or parts of a building designed or altered for separate use may be based on the assessment of another representative unit or part in the same block.

Any stand-alone units (see glossary of terms for a definition) in the following examples that are less than 50m2 will not require an Energy Performance Certificate EPC.

Offices blocks and mixed-use buildings

Office space can be let floor by floor, a number of floor or part of a floor. If a building has a common heating system energy efficiency, then an Energy Performance Certificate EPC may be prepared for the whole building (other than any separate dwellings within the block, which will each require their own Energy Performance Certificate EPC) and used for any part when sold or let. Common areas are included in the Energy Performance Certificate EPC calculation.

Block with common heating system

If an office building has a common heating system energy efficiency, the seller or landlord should provide an Energy Performance Certificate EPC for the whole building (other than for any separate dwellings within the block, which will each require their own Energy Performance Certificate EPC). It is permissible to prepare an individual Energy Performance Certificate EPC for a part of a building, if so wished. An Energy Performance Certificate EPC for a single unit or apartment may be based on an assessment of a similar representative unit or apartment in the same block.

Block with independent heating system

It is permissible to provide Energy Performance Certificate EPC for each of the individual parts, plus an Energy Performance Certificate EPC for the conditioned communal areas when selling or letting the whole building or provide one Energy Performance Certificate EPC for the whole building.

Again, an Energy Performance Certificate EPC for a single unit or apartment may be based on an assessment of a similar representative unit or apartment in the same block’ Energy Performance Certificate EPC.

Shopping centers, retail units and concourses

Again, an Energy Performance Certificate EPC for a single unit may in all cases be based on an assessment energy usage of a similar representative unit in the same block.

Energy Performance Certificate EPC for Centres with common heating systems

Centers with conditioned communal space

If, unlike in the example above, a unit does not directly access the concourse or mall (ie does not share conditioning) and it does not have its own heating or the ability to have its own heating, then it will not require an Energy Performance Certificate EPC as it will not be considered to be a building for the purposes of the EPBD Regulations.

Centers with independent heating systems

In examples C.1 and C.2 below, it is permissible to provide Energy Performance Certificate EPC for each of the individual parts, plus an Energy Performance Certificate EPC for the conditioned communal areas when selling or letting the whole building or provide one Energy Performance Certificate EPC for the whole building.

Industrial units in blocks

Any stand-alone units (see glossary of terms for a definition) that are less than 50m2, will not require an Energy Performance Certificate EPC.

Modifications to a building

The EPB Regulations have modified Regulation 17E of the Building Regulations so that if the building is modified so that it will have more or fewer parts that are designed to be used separately, and the modification includes the provision or extension of any of the fi xed services for heating, hot water, air conditioning or mechanical ventilation, then an Energy Performance Certificate EPC must on completion of the work be provided to the owner of the building by the person carrying out the work.

Situations where an Energy Performance Certificate EPC may be unobtainable in time

The relevant person will not be liable to a penalty charge notice:

- in a sale or rental where a request for an Energy Performance Certificate Energy Performance Certificate EPC has been made at least 14 days before required and despite all reasonable efforts and enquiries, a valid Energy Performance Certificate EPC is not in the possession or control of the seller or prospective landlord. The Energy Performance Certificate EPC should nonetheless be made available to prospective buyers or tenants to show energy efficiency as soon as the seller or prospective landlord has it; or
- in a rental:

where a prospective tenant was seeking to rent the building in an emergency requiring his urgent relocation
the landlord did not have in his possession a valid Energy Performance Certificate EPC at the time of letting
there was insufficient time for the prospective landlord to be reasonably expected to have obtained an Energy Performance Certificate EPC before letting the building; and
the landlord has given a valid Energy Performance Certificate EPC to the tenant as soon as reasonably practicable after letting the building.

Assessing the energy efficiency of a building for an Energy Performance Certificate EPC

Recommendations with an Energy Performance Certificate EPC

The Energy Performance Certificate EPC recommendation report that is included with an Energy Performance Certificate EPC will help owners and occupiers to improve the energy efficiency of a building. The EPC recommendations only include those improvements that are appropriate for the building that has been assessed. For each recommendation indicative paybacks are noted. The EPC recommendations are provided in four categories i.e. those:

with a short term payback – less than three years
with a medium term payback – between three and seven years
with a long term payback – greater than seven years
other EPC recommendations (based on the energy efficiency assessor’s knowledge)

Assessment of representative apartments or units

Energy Performance Certificate EPC Certification for apartments or units in blocks can be based on the assessment of another unit in the same block. Representative units should all be in the same building or block. In terms of what makes one unit representative of another will be down to the judgment of the assessor as to whether the energy efficiency data used for one building would accurately reflect another. Material facts may include age and construction of property, orientation, position within the block, type of heating, insulation and glazing.

with a short term payback – less than three years
with a medium term payback – between three and seven years
with a long term payback – greater than seven years
other EPC recommendations (based on the energy efficiency assessor’s knowledge)

Assessment of representative apartments or units

Energy Performance Certificate EPC Certification for apartments or units in blocks can be based on the assessment of another unit in the same block. Representative units should all be in the same building or block. In terms of what makes one unit representative of another will be down to the judgment of the energy efficiency assessor as to whether the data used for one building would accurately reflect another. Material facts may include age and construction of property, orientation, position within the block, type of heating, insulation and glazing.

If one unit in a block were surveyed in detail the assessor can copy the data model to prepare an Energy Performance Certificate EPC for another. The energy efficiency assessor needs to be satisfied that they are the same (or make any adjustments as required) and then submit the data to produce an Energy Performance Certificate EPC for the second unit. Where a number of assessments are based on the assessment of another representative apartment or unit, the Accredited Energy efficiency Assessor will need to visit a sufficient sample of the apartments or units to verify that they are indeed representative.

Consumer protection and enforcement

Checking the authenticity of an Energy Performance Certificate EPC

An Energy Performance Certificate EPC should be properly recorded, by the energy efficiency assessor, in the central register for non-dwellings, which contains all Energy Performance Certificate EPC. An Energy Performance Certificate EPC is identified by a unique reference number that relates only to your premises’ energy efficiency.

If you have commissioned an Energy Performance Certificate EPC for your building you will receive a copy of the Energy Performance Certificate EPC.

If you have been given an Energy Performance Certificate EPC and wish to check its authenticity, you can access the register by entering the reference number on the Energy Performance Certificate EPC.

If you cannot find your Energy Performance Certificate EPC in the register or you have any concerns regarding the authenticity of the information contained within the Energy Performance Certificate EPC, you should contact the energy efficiency accreditation body of your energy efficiency assessor. The energy efficiency assessor details, their Energy Performance Certificate EPC accreditation scheme and their membership number should be on the Energy Performance Certificate EPC.

Neither an Energy Performance Certificate EPC nor an Energy Performance Certificate EPC recommendation report is authentic unless it has been lodged in the Energy Performance Certificate EPC register.

Checking the authenticity of your energy efficiency assessor

All energy efficiency assessors must be accredited

If you wish to check that an energy assessor is a member of an accreditation scheme, you can do this in two ways:

verify the credentials of your energy efficiency Energy Performance Certificate EPC assessor on-line via www.ndepcregister.com which provides a national register of accredited energy efficiency assessors. This will allow you to search on the energy efficiency assessor's name or accreditation scheme membership number.
ask your energy efficiency assessor which accreditation scheme they are a member of (and their membership number). The accreditation scheme can confirm that your energy efficiency assessor is accredited to practice as an energy efficiency assessor.

If you want to find a suitably accredited energy efficiency assessor in your area to provide you with an Energy Performance Certificate EPC, use www.ndepcregister.com. This will allow you to search for a list of accredited energy efficiency assessors in your area that you can contact to do your energy efficiency assessment. Ensure the assessor is accredited for the type of building being assessed

Protecting Energy Performance Certificate EPC information

The information in an Energy Performance Certificate EPC is about a building and is provided to the relevant person (usually the landlord or owner of the building) by the energy efficiency assessor. Access to the Energy Performance Certificate EPC in the register is primarily via the report reference number on the EPC certificate. Anyone in possession of the report reference number can access the Energy Performance Certificate EPC. Other disclosures from the register can be made only to accreditation schemes to which the maker of the document concerned belonged, to enforcement authorities, and on an anonymised basis to the Government.

Restrictions also apply to others having access to the Energy Performance Certificate EPC, recommendation reports, any information derived from either, and any data collected to prepare either. A seller or prospective landlord or those acting on their behalf may disclose these to other parties. The Regulations, however, protect them from unauthorised disclosure to a third party eg by a company using the Energy Performance Certificate EPC without permission to market their products. Unauthorised disclosure is an offence punishable by a fi ne. The Energy Performance Certificate EPC, Energy Performance Certificate EPC recommendation report and any information derived from them or data collected to prepare them can only be disclosed in the following circumstances:

by an owner or tenant, or those acting on their behalf
for the purposes of assisting prospective buyers or tenants make decisions on whether to buy or rent the building
to accreditation schemes in connection with their accreditation functions
to enforcement bodies in connection with their duties in enforcing the

Regulations

to the Secretary of State on an anonymised basis for monitoring the application, compliance and enforcement of the new Regulations and for statistical or research purposes
in complying with obligations under the Regulations or under the law relating to Home Information Packs
for the purposes of preventing or detecting crime, apprehending or prosecuting offenders, establishing, exercising or defending legal rights or complying with a court order

Penalties for not having an Energy Performance Certificate EPC

Local authorities (usually by their Trading Standards Officers) are responsible for enforcing the requirement to have an Energy Performance Certificate EPC on sale or let of a building. Failure to make available an Energy Performance Certificate EPC when required by the Regulations means you may be liable to a civil penalty charge notice. Trading Standards Officers may act on complaints or undertake investigations. They may request you to provide them with a copy of the Energy Performance Certificate EPC and recommendation report that you were under a duty to provide. If asked, you must provide this information within seven days of the request or be liable again to a penalty charge notice. A copy of an Energy Performance Certificate EPC can be requested at any time up to six months after the last day for compliance with when the duty was to make it available.

The penalty for failing to make an Energy Performance Certificate EPC available to any prospective buyer or tenant when selling or letting non-dwellings is fi xed, in most cases, at 12.5 per cent of the ratable 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.

If you are issued with a penalty charge notice and you believe it should not have been issued you can request a review. If you are not satisfied with the outcome of the review you may appeal to the county court within 28 days after you received notice confirming the penalty charge notice from the local authority.

You have a defence against a penalty charge notice if you made a proper request for an Energy Performance Certificate EPC to an appropriate person at least 14 days before it was required and despite all reasonable efforts you have not received a valid Energy Performance Certificate EPC at the relevant time, or where you rent to a tenant in an emergency requiring his urgent relocation.

Questions and Answers

How long is an Energy Performance Certificate EPC valid for?

An Energy Performance Certificate EPC for a non-dwelling will be valid for 10 years or until replaced with a newer one.

How much will an Energy Performance Certificate EPC cost?

The price of an Energy Performance Certificate EPC will be set by the market and market demand. It is likely in practice that the cost will vary according to a number of factors including size, location and age of the building.

Do I need a new Energy Performance Certificate EPC every time I let my building?

As long as a valid Energy Performance Certificate EPC exists for the building, you can provide this to prospective tenants. An Energy Performance Certificate EPC is valid for 10 years and during this period you can provide the same Energy Performance Certificate EPC to prospective tenants. This Energy Performance Certificate EPC will no longer be valid if a newer Energy Performance Certificate EPC has been registered.

Do I need a new Energy Performance Certificate EPC every time I sell a building?

As long as a valid Energy Performance Certificate EPC exists for the building, you can provide this to prospective buyers. An Energy Performance Certificate EPC is valid for 10 years and during this period you can provide the same Energy Performance Certificate EPC to prospective buyers. This Energy Performance Certificate EPC will no longer be valid if a newer Energy Performance Certificate EPC has been registered.

Can a prospective tenant or buyer waive their right to receive an Energy Performance Certificate EPC?

The relevant person has a duty to make available an Energy Performance Certificate EPC to a prospective buyer or tenant and will be liable to a penalty charge if he fails to do so, irrespective of whether the prospective buyer or tenant purports to waive an entitlement to receive the EPC certificate.

Do I need an Energy Performance Certificate EPC if I have exchanged contracts to sell or let before the date on which the Regulations apply to my building, but have not yet completed the transaction?

The last point at which the duty to make available an Energy Performance Certificate EPC may be satisfied is before a prospective buyer or tenant enters into a contract to sell or rent the building ie upon exchange of contracts. The Department considers that this is the point which determines whether or not the Regulations are in force in relation to a transaction. In this case the contract has been exchanged before the date on which the Regulations apply to the building and the duty to make available an Energy Performance Certificate EPC will not arise.

Where can I find an energy efficiency assessor?

The accreditation schemes will maintain a list of their members and should be able to provide contact details of assessors local to your area. It is likely that estate agents, energy suppliers and other large companies will also be able to provide an Energy Performance Certificate EPC. An energy efficiency assessor should always be able to provide details of the accreditation scheme (see the list below) of which they are a member and their membership number.

What software can be used to produce an Energy Performance Certificate EPC?

Only software approved by Communities and Local Government can be used to produce an Energy Performance Certificate EPC.

How can I check if my energy efficiency assessor is properly qualified?

The accreditation bodies ensure their members are properly qualified and competent to conduct assessments. If you wish to check the accreditation details of your energy efficiency assessor, you should contact their accreditation body who should be able to verify that they are accredited to practice as an energy efficiency assessor. The website www.ndepcregister.com only shows properly qualified and accredited energy efficiency assessors. You should check they are suitably qualified for the type of building being assessed.

Do I have to act on the Energy Performance Certificate EPC recommendations?

You are under no obligation to act on the EPC recommendations for energy improvements to the building. However, taking action on the recommendations is likely to improve the energy efficiency of your building, reduce your fuel bills, cut its carbon emissions and could make it more attractive to potential buyers or tenants in the future.

What if a building is required urgently for rental and there is no time to commission an inspection?

This is permissible under the regulations if there is an emergency requiring a tenant’s urgent relocation. An Energy Performance Certificate EPC should be provided as soon as reasonably practicable after renting out the building.

I’m selling a building for demolition – do I need an Energy Performance Certificate EPC?

If you can demonstrate the building is suitable for demolition and the resulting site is suitable for redevelopment and you believe on reasonable grounds that the prospective buyer or tenant intends to demolish the building, you do not need to provide an Energy Performance Certificate EPC. Generally this can be demonstrated by having the relevant planning permission or evidence that planning permission has been applied for.

The following information was written based on and in reference to the communities and local government document; improving the energy efficiency of our buildings. A guide to energy performance certificates for the construction, sale, and let of non-dwellings. The Zero Trace team has altered it to make it more easily readable and in no way is it intended to be a legal document.