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Key points:
• the requirement for non-dwellings to have an EPC on construction, sale or rent was introduced using a phased approach from 6 April 2008 • the EPC shows the energy efficiency rating (relating to ru...
Buildings requiring an EPC
An EPC is only required when a building is constructed, sold or rented out. For the purposes of the regulations, a building is defined as “a roofed construction having walls, for which energy is use...
What type of EPC should be provided?
In general terms the EPC provided or made available should reflect the accommodation being sold or rented out. In terms of the requirement for an EPC, buildings can have multiple tenancies, differin...
When EPCs are required
An EPC is required when a building is constructed, sold or rented out: a. for buildings that are non-dwellings this requirement started for those buildings with a total useful floor area greater tha...
Situations where an EPC is not required
EPCs are not required on sale or rent for buildings due to be demolished, provided the seller or landlord can demonstrate that: • the building is to be sold or rented out with vacant possession • th...
What is an EPC and what does it mean?
The EPC looks broadly similar to the energy labels now provided with vehicles and many household appliances. Its purpose is to indicate how energy efficient a building is. The certificate will provi...
What an EPC for a non-dwelling must contain
In addition to the asset rating, the EPCs must convey several other key pieces of information: • reference information - this includes the unique certificate report reference number (generated when ...
Providing EPCs when selling or renting out a non-dwelling
As soon as a building is in the process of being offered for sale or rent, it is the responsibility of the seller or landlord (i.e. the relevant person) to make available free of charge an EPC to an...
Providing an EPC on construction or modification of a non-dwelling
When a building being constructed is physically complete, it is the responsibility of the person carrying out the construction to give an EPC and recommendation report to the building owner and to n...
Transactions considered to be a sale or rent
The sale of an interest in the building must be treated as the same as the sale of the building itself and an EPC will be required for the assignment of a lease, where a leasehold interest is being ...
Transactions not considered to be a sale or rent
The purpose of providing an EPC during the sale or renting process is to enable potential buyers or tenants to consider the energy performance of a building as part of their investment. Not all tran...
Conducting energy assessments
An energy assessment for a non-dwelling must be carried out by an energy assessor who is a current member of an accreditation scheme. Energy assessors can be selfemployed, employees of service organ...
Energy assessor accreditation
Accreditation schemes are responsible for managing energy assessors and for monitoring the quality of the EPCs by ensuring their energy assessors are competent and possess the appropriate skills to ...
Offices blocks and mixed use buildings
Office space can be let floor by floor, a number of floors or part of a floor. If a building has a common heating system, then an EPC may be prepared for the whole building and used for any part whe...
Block with common heating system
If an office building has a common heating system, the seller or landlord should provide an EPC for the whole building (separate dwellings within the block will each require their own EPC). It is perm...
Block with independent heating system
It is permissible to provide EPCs for each of the individual parts, plus an EPC for the conditioned communal areas when selling or renting out the whole building or to provide one EPC for the whole bu...
Shop with dwellings above
In the example below the residential dwelling space above the shop has separate access and is clearly designed to be used as a dwelling separate from the conduct of business in the shop, whether the...
Shop with residential space above
In the example below, the residential space above the shop can only be accessed via the shop. In this case the upper part is not designed or altered for use as a separate dwelling and should, theref...
Commercial or industrial building with significant living accommodation
In the example below, the shop is formerly a room in a dwelling. If the building is subsequently sold or let and could be used as a dwelling it should be assessed as a dwelling using the standard asse...
Shopping centre, retail units and concourses
An EPC for a single unit may in all cases be based on an assessment of a similar representative unit in the same block).
Centre with common heating systems and conditioned communal space
If, unlike in the example above, a unit does not directly access the concourse or mall (i.e. it does not share conditioning) and it does not have its own heating or the ability to have its own heating...
Shell and core buildings
For shell and core buildings not all the services will be installed (especially heating, mechanical ventilation and air conditioning) at the point where the building is sold or rented out. In the ...
What contributes to the energy performance of a building?
The energy rating of a building is a complex calculation which is based on a combination of factors. The key factors are: • the type of construction of the building (including walls, roofs, floors a...
Collecting the information required for an EPC
Once the energy assessor has been commissioned to produce an EPC, there are three main steps to performing the assessment. These are: • gathering the relevant information about the building • analy...
Using data gatherers
In certain circumstances, data gatherers working under the supervision of the energy assessor can assist with producing EPCs for larger and more complex buildings and portfolios of buildings. Howeve...
Producing the EPC and recommendation report
This information will be fed into an approved software programme using a government approved energy assessment method. The appropriate software tools for commercial buildings are simplified building...
Assessment of representative units
Certification for units in blocks can be based on the assessment of another unit in the same block. Representative units should all be in the same building or block. What makes one unit representati...
Checking the authenticity of an energy assessor
An EPC must be produced by an accredited energy assessor. All domestic energy assessors must be a member of an approved accreditation scheme. To check that an energy assessor is a member of an accre...
Checking the authenticity of an EPC
All EPCs are stored in a central register. The central register is the official place for the storage of all EPCs and is the single source of information for EPCs for non-dwellings. The central regi...
Complaints
Failure to provide a valid EPC on sale or rent: for complaints regarding the availability and validity of an EPC for marketed sales, an authorised officer of the local weights and measures authority...
Penalties for not having an EPC
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 a...
Situations where an EPC may be unobtainable in time
The relevant person will not be liable to a penalty charge notice in a sale or rental: • where a request for an EPC has been made the person who is to provide the EPC has made the request for an EPC...
Glossary of terms
A building is defined as “a roofed construction having walls, for which energy is used to condition the indoor climate; a building may refer to the building as a whole or parts thereof that have bee...
How long is an EPC (EPC) valid for?
An EPC is valid for 10 years or until replaced with a newer one.
How much will an EPC cost?
The price of and EPC has been set by the market and market demand. It is likely in practice that the cost will vary according to a number of factors including size, location and age of the building
Do I need a new EPC every time I sell or rent out my building?
As long as a valid EPC exists for the building, this can be provided to any prospective buyer or tenant. An EPC is valid for 10 years and during this period the same EPC can be provided to any prosp...
Can a prospective tenant or buyer waive their right to receive an EPC?
The relevant person (i.e. the seller or landlord) has a duty to make available an EPC to a prospective buyer or tenant and may be liable to a penalty charge if they fail to do so, irrespective of wh...
When must an EPC be provided to any prospective buyer or tenant?
The EPC must be made available at the earliest opportunity but no later than when a person requests information about the building or a person makes a request to view the building.
Can a building or building unit be advertising for sale or rent if the EPC and, therefore, the energy performance indicator are not available?
Yes, if an EPC is not available, the building can still be advertised for sale or rent.
Can first day marketing occur if an EPC for a building is not secured within seven days?
Yes, ‘first day marketing’ can take place within the first seven days if an EPC is not available. The EPC must be commissioned before the building is marketed, but it is not a requirement for the EP...
It is unreasonable to expect an EPC to be obtained from within seven days?
Evidence shows that most EPCs are obtained within three days so this should not be a challenge in most cases. A further 21 days is allowed if after using all reasonable efforts the EPC cannot be obt...
Is the energy performance indicator of the EPC for the building, or the building unit, required in all advertisements in commercial media?
No, this only applies when buildings or building units are offered for sale or rent and a valid EPC is available.
What is the energy performance indicator?
This is the energy efficiency rating found on the front page of the domestic or the asset rating found on the front page of the non-domestic EPCs.
Can a building or building unit be advertising for sale or rent if the energy performance indicator is not available?
Yes. If an EPC is not available, the building can still be advertised for sale or rent.
What is meant by commercial media?
Newspapers and magazines, written material produced by the seller, landlord, estate or letting agent that describes the building being offered for sale or rent. This would include information provid...
Does the requirement to display an EPC apply to all buildings or building units?
No, only to commercial premises larger than 500m˛ which are frequently visited by the public and where an EPC has previously been issued.
When does this change come into force?
This change will come into force on 9 January 2013.
Will the owners or landlords of commercial premises larger than 500m˛ frequently visited by the public be expected to commission an EPC to meet this requirement?
There is no requirement to commission an EPC for this purpose. If a building, or building unit, is subsequently sold or rented out after 9 January 2013 and an EPC is produced then this must be displ...
Who can produce an EPC for a non-dwelling when the building is sold, constructed or rented out?
Only an accredited and qualified energy assessor who is a member of a government approved accreditation scheme can produce the EPC.
How can I check if my energy assessor is properly accredited and qualified?
Consumers will be able to check the details of accredited and qualified energy assessors from the information provided by accreditation schemes on the central register website at:www.ndepcregister.c...
Where can I find an energy assessor?
Details of accredited energy assessors can be found on the register website at: www.ndepcregister.com
What software can be used to produce EPCs?
Only software approved by the Department for Communities and Local Government can be used to produce EPCs.
Do you have to act on the recommendations have to be acted on?
The building owner or landlord is under no obligation to act on the recommendations for energy improvements to the building. However, taking action on the recommendations is likely to improve the en...
Does the requirement to display an EPC apply to all buildings or building units?
No, only to commercial premises larger than 500m˛ which are frequently visited by the public and where an EPC has previously been issued.
What is meant by frequently visited by the public?
For the purposes of this guidance, a building that is 'frequently visited by the public' means a building that: • is a non-domestic building; • to which the public has an implied3 or express4 licen...
When does the requirement for buildings over 500m˛ to display an EPC where one exists come into force?
This change will come into force on 9 January 2013
Where there is a requirement for an EPC to be displayed in a non-dwelling which is rented, who is responsible for ensuring that the EPC is displayed?
This is the responsibility of the building occupier.
Will the owners or landlords of commercial premises larger than 500m˛ frequently visited by the public be expected to commission an EPC if one does not exist?
No, buildings where an EPC has been produced for that building when sold, constructed or rented out will be required to display the EPC. There is no requirement to commission an EPC for this purpose...
Who has access to the EPCs for non-dwellings on the central register?
Data held on the central register is publicly available. It is possible to search for an EPC on the register by entering either the certificate’s report reference number or the building post code. T...
 

 

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