EPC's - SOME DETAILS

• Buildings other than dwellings generate almost 20 of the UK’s energy consumption and carbon emissions, and commercial EPC’s are intended to promote the improvement of the energy performance of buildings.
• The root legislation is the European directive 2002/91/ec on the energy performance of buildings, which followed the Kyoto protocol.
• In England and Wales, the legislation is "The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) regulations 2007 si 2007/991 and si 2007/1669".
• An EPC looks not unlike the energy labels now provided with vehicles and a wide range of electrical appliances, and is accompanied by a report giving recommendations appropriate to the individual building with regard to using the building more effectively, together with possible cost effective improvements to enhance energy performance.

These recommendations, which are not mandatory, fall into four categories:-

• short term payback under 3 years
• medium term payback 3-7 years
• long term payback 7+ years
• other recommendations (based on the energy assessor’s knowledge).

WHERE DO EPC’s APPLY ?

• If a building is served by a common heating system, an EPC may be prepared for the whole building, or for a part being offered for sale or let.
• An EPC can be prepared for a whole building, even if it is divided into parts designed or altered to be used separately, and with separate heating systems. However, where buildings do have separate parts and separate heating systems, an EPC should be prepared for each part of a building that is being offered separately for sale or let.
• In buildings where there is an independently conditioned shared or communal area, and where the purpose of the conditioned space is solely or mainly for access to a unit, the energy consumption of the shared space is allocated to each unit in accordance with the proportion of the useful floor area of each unit to the total useful floor area of all the units.

WHERE DO EPC’s NOT APPLY?

• Places of worship
• Temporary buildings with a planned use of less than two years
• Non-dwellings that are stand alone buildings with a total useful floor area of less than 50 sq.m.
• Industrial sites, workshops and non-residential agricultural buildings with low energy demand.
• Buildings due to be demolished (evidence will be required).

WHEN ARE EPC's NEEDED?

• On Sale. For existing buildings to be sold, the building owner is responsible for ensuring a certificate is made available to all prospective purchasers at the earliest opportunity.
• On Rent. For existing buildings to be rented, the landlord is responsible for ensuring a valid certificate is made available to all prospective tenants.

PENALTIES

Failure to provide an EPC when required by the regulations means you may be liable to a penalty. The ranges are set under a formula with a minimum of £500 and capped at a maximum of £5,000.

OUR ADVICE

Collate existing information that may be expensive for others to assemble or duplicate, such as:- building plans, useable floor area records, and an up to date operations and maintenance manual / log book).

Focus on buildings that may be sold, modified or re-leased over the next twelve months. Book an energy assessor comfortably in advance of an EPC being legally required.

This interpretation of the Regulations is intended as a general guide, and should not in itself be construed as legal advice. Therefore, it is important that the Regulations are also read and understood.