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EPC’s – what you need to know from 6 April 2012?

Posted by: admin    Tags:      Posted date:  February 29, 2012

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On 6 April 2012 the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (SI 2011/2452) come into force. This amendment to previous legislation makes the following key changes:

• an Energy Performance Certificate (EPC) must be commissioned before marketing any buildings, whether residential or commercial, for sale or rent
• all ‘reasonable efforts’ must be made to ensure that an EPC is obtained within seven days of marketing the building; where it has not been secured during that period, there is an ‘absolute duty’ to obtain it within 21 days of the end of that period
• written property particulars, including descriptions made available electronically, must include the first page of an EPC; it is no longer possible to include only the asset rating
• the EPC must be provided to prospective buyers or tenants ‘at the earliest opportunity’ and not be delayed until shortly before the parties enter into a contract for sale or rent
• Trading Standards Officers will have increased powers enabling them to force sellers, landlords or any persons acting on their behalf (such as estate agents or letting agents) to prove that an EPC has been commissioned and to provide a copy of the EPC for inspection on request, and they can issue a Penalty Notice if evidence is not provided within seven days

• air-conditioning systems (above 12kW) must be inspected every 5 years and an inspection report lodged onto the central EPC register for which a lodgement fee can be charged

An improved and redesigned EPC format will also be introduced from 6 April. Changes include a single energy efficiency graph, clear signposting to the Green Deal and which recommendations for energy efficiency improvements could be funded through this forthcoming innovative new financial mechanism.

As a result of the EPC changes, Domestic Energy Assessors (DEAs) will need to obtain a top-up qualification. If they fail to qualify by 6 April, they will not be able to continue practising as an energy assessor until they do. And if they fail to qualify by October 2012, they must re-take the full DEA qualification.