EPC Legal Requirement

EPC's are a legal requirement if you are Building, Selling, Renovating or Renting your property


You must provide prospective tenants or buyers with a valid EPC before you market your property


You will be fined £200 and forced to get one, if you do not have a valid EPC


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The Small Print

Enforcement

Local weights and measures authorities (usually through their trading standards officers) are responsible for enforcing the regulations that require an EPC to be made available on the sale or rent of a building. 


Failure to provide an EPC when required means you may be liable to a civil penalty charge notice


Trading standards officers may act on complaints or undertake investigations. 


Enforcement action may still be taken up to six months after any failure has been corrected


A trading standards officer has the power to ask the seller or landlord to provide them with a copy of the EPC for inspection. If requested, a copy of the EPC must be provided within seven days or the person to whom the request was made may be liable to a penalty charge notice for failing to comply. 


A copy of an EPC can be requested at any time up to six months after the last day for compliance with the duty to make it available.

Is my Property EPC Exempt?

There are a number of exemptions to the requirement to have an EPC. Eg. a rented room within a house does not need an EPC, but a self-contained flat within a larger house that has its own front door and facilities will need one. Listed buildings are often exempt from the EPC requirements too

Non Compliance and Fixed Penalty

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A fixed penalty charge of £200 may be issued for failure to comply in the following circumstances

- on sale or rent the seller or landlord failed to make a valid EPC available free of charge to the prospective buyer or tenant at the earliest opportunity or to the person who ultimately becomes the buyer or tenant 


- on marketing the seller or landlord did not commission an EPC before the building was put on the market or the person acting on their behalf (i.e. estate or letting agent) did not ensure that an EPC was commissioned for the building 


- the seller or landlord or a person acting on their behalf did not secure an EPC using all reasonable efforts within seven days of the building being put on the market. An EPC must be obtained 21 days after the initial seven day period 


- the seller or landlord or a person acting on their behalf did not include the energy performance indicator in any advertisement of the sale or rental in commercial media

Review Process

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

Duty to Cooperate

A person with an interest in, or in occupation of, a building, must cooperate with any seller or landlord to enable them to comply with requirement to make an EPC available. They must also allow access to the building to any energy assessor appointed by the seller or landlord. The penalty for obstructing an enforcement officer or for imitating an enforcement officer is a fine not exceeding level 5 on the standard scale, upon summary conviction.

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