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Penalties for not having an EPC

Solution Local weights and measures authorities (usually through their trading standards
officers) are responsible for enforcing the requirement to have an EPC on sale or let of
a building. Failure to make available an EPC as required by the regulations means the
relevant person (i.e. seller or landlord) or a person acting on their behalf (i.e. estate or
letting agent) may be liable to a civil penalty charge notice. Trading standards officers
may act on complaints or undertake investigations. The trading standards officer may
request that a copy of the EPC is provided to them. If requested a copy of the EPC
this information must be provided within seven days of the request or be liable again
to a penalty charge notice for failing to do so. A copy of an EPC can be requested at
any time up to six months after the last day for compliance with when the duty was to
make it available.
The penalty for failing to make an EPC available to any prospective buyer or tenant
when selling or renting a non-dwelling is fixed, in most cases, at 12.5 per cent of the
rateable value of the building, with a default penalty of 750 where the formula cannot
be applied. The range of penalties under this formula are set with a minimum of 500
and capped at a maximum of 5,000.
A further penalty can be issued for failure to provide a copy of the EPC when
requested to an officer of an enforcement authority within seven days. This is fixed at
200.
If a penalty charge notice is issued but a person believes it should not have been
issued then they can request a review. If they are not satisfied with the outcome of the
review an appeal may be made to the county court within 28 days after the notice
confirming the penalty charge notice has been received from the local authority.
It is the duty of every person with an interest in, or in occupation of, the building to
cooperate with any seller or prospective landlord as far as is necessary to enable
them to comply with any duty under the regulations to make available an EPC, and
allow access to any energy assessor they appoint.
Article details
Article ID: 374
Category: Energy Performance Certificates (Commercial)
Date added: 22-03-2013 13:34:21
Views: 1361

 
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