•  With effect from 1 October 2008 the owner of any building which is to be either sold or rented out must supply free of charge to the prospective buyer or tenant an Energy Performance Certificate (EPC).
  • The requirement for an EPC now extends to both residential and commercial buildings. 
  • There are exceptions for buildings used primarily or solely as places of worship, commercial standalone premises with a total useful floor area of less than 50m2 and certain temporary or agricultural buildings. 
  • The position has not changed for residential sales on the open market as EPCs have been needed as part of a Home Information Pack for some time now. 
  • An EPC must now be provided by the prospective landlord if an assured shorthold tenancy of a house is to be granted. 
  • An EPC must now be provided by the prospective seller where a house is to be sold other than on the open market. 
  • The EPC must always be provided before any contract is entered into, but should be provided when making information available about the building or when viewing is arranged, whichever is earlier. 
  • The EPC must be accompanied by a report containing recommendations for the improvement of the energy performance of the building issued by the energy assessor who assessed the EPC. 
  • EPCs are valid for ten years. 
  • The penalty for non compliance is 12.5% of rateable value subject to a minimum of £500 and a maximum of £5,000. Enforcement will be by local authorities acting through the Trading Standards. 
  • The EPC must be made available to the tenant or purchaser free of charge.