Energy Performance Certificates required for all buildings - including non dwellings

Monday, 16 February 2009 00:00

An Energy Performance Certificate (EPC) is a certificate containing information about the energy efficiency of a building which must be prepared by accredited energy assessors - who will need to see floor plans of the buildings - and is valid for ten years from the date on which it was issued.

From 1 October 2008 the requirement for an EPC extended to apply to all buildings including non dwellings. Tozers commercial property partner Tracey Bridgwater explains: "EPCs and recommendations for improvement of the energy performance of a building must be produced, free of charge, at the earliest opportunity, to prospective buyers and tenants, whenever a building is constructed, (in certain cases extended), sold, or rented out. The obligation to provide an EPC will not arise unless one of these triggers occurs. If a letting allows for a short period of holiday occupation only, and no intention to create a tenancy can be inferred, then an EPC is not required."

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". This would include buildings or self contained units that have fixed heating, mechanical ventilation or air conditioning.

Exemptions include:

• buildings which are used mainly as places of worship
• temporary buildings with planned use of two years or fewer
• workshops, agricultural buildings with low energy demand, and
• stand alone non residential buildings with floor area less than 50 square metres.

Enforcement will be carried out by Trading Standards officers (TSO) issuing penalty charge notices to those who fail to comply. The penalty for failing to comply when selling or renting a dwelling is £200, and for a commercial property 12.5% of the rateable value of the building.

There is more information in the 'How to obtain an Energy Performance Certificate' section of the Department of Communities and Local Government website www.communities.gov.uk There is also a helpline on 0845 365 2468.