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New energy performance certificate regulations published

Practical Law UK Legal Update 8-509-3702 (Approx. 4 pages)

New energy performance certificate regulations published

by PLC Property
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The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (SI 2011/2452), which come into force on 6 April 2012, have been published.
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The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (SI 2011/2452) have been published. They come into force on 6 April 2012 and amend the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (SI 2007/991).
The key changes are:
  • An energy performance certificate (EPC) is required on marketing for all properties.
  • Written property particulars must include a copy of the first page of the EPC. It is no longer possible to include only the asset rating.
  • Air conditioning reports must be registered.
The changes relating to written particulars will apply to properties marketed on or after 6 April 2012. However, residential properties that are marketed shortly prior to 6 April 2012, can continue to benefit from the longer time periods for obtaining an EPC.

Background

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (SI 2007/991) (EPB Regulations 2007) implement Articles 7, 9 and 10 of the Energy Performance of Buildings Directive 2002 (Directive 2002/91/EC on the energy performance of buildings). The Directive lays down the requirements for the production of energy performance certificates (EPCs) when buildings are constructed, sold or rented out, for the display of such certificates in large public buildings, and for regular inspections of air-conditioning systems.
The EPB Regulations 2007 were laid before Parliament on 29 March 2007 and apply to commercial and residential buildings in England and Wales. They have subsequently been amended on several occasions (see Practice note, Energy performance certificates: Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007).
In April 2011, the Department for Communities and Local Government (DCLG) announced its intention to amend the EPB Regulations 2007 (see Legal update, DCLG plans to amend energy performance certificates regulations).

Summary

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (SI 2011/2452) (EPB Regulations 2011) have been published. They come into force on 6 April 2012 and amend the EPB Regulations 2007.
The EPB Regulations 2011 accord with the changes announced by the DCLG. The principal changes are as set out below.

EPC required on marketing for all properties

Before marketing a residential property for sale, the seller must ensure that an EPC is commissioned for the property. The seller must use all reasonable efforts to ensure that an EPC is obtained within 28 days of marketing the property (regulations 5A(2)(4), EPB Regulations 2007, as inserted by the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010 (SI 2010/1456) (EPB Regulations 2010)).
Regulation 5A of the EPB Regulations 2007 has been amended so that:
  • The requirement to commission an EPC before marketing applies to all buildings, whether for sale or rent. This will include non-domestic buildings.
    AND
  • There will be an obligation to use all reasonable efforts to ensure that an EPC is obtained within seven days of marketing the building (although there will be an additional 21 day period during which the EPC can be obtained, if it has not been obtained within the initial seven day period).

No longer possible to include only the asset rating in written particulars

Under the EPB Regulations 2007, once an EPC has been obtained, a person providing written particulars for the sale of residential property must ensure that the particulars include the asset rating, or attach a copy of the EPC to the particulars (regulation 6, EPB Regulations 2007, as amended by the EPB Regulations 2010).
The EPB Regulations 2011 require that a copy of the first page of the EPC, once it has been obtained, is provided with the written particulars. This will apply to all buildings, whether offered for sale or rent. It will not be possible to include the asset rating only.

Clarification of regulation 5(2)(b) of the EPB Regulations 2007

Any doubt that regulation 5(2)(b) of the EPB Regulations 2007 meant that the provision of an EPC could be delayed until shortly before the parties enter into a sale contract or lease, has been removed. It cannot (see EPC required on marketing for all properties and Saving provision for residential properties).

Air conditioning reports

If an air-conditioning inspection report is required, this will need to be lodged onto the central EPC register. A fee can be charged for lodging an inspection report on the register.

Saving provision for residential properties

Residential properties marketed before the EPB Regulations 2011 come into force can still rely on regulations 5 and 5A of the EPB Regulations 2007, as unamended (regulation 4, EPB Regulations 2011). There is no similar grace period for non-residential properties.

Comment

The changes relating to written particulars will apply to properties marketed after 6 April 2012. However, residential properties that are marketed shortly prior to 6 April 2012 can continue to benefit from the longer time periods for obtaining an EPC.

Source

Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (SI 2011/2452)
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Resource ID 8-509-3702
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Published on 20-Oct-2011
Resource Type Legal update: archive
Jurisdictions
  • England
  • Wales
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