The Energy Performance of Buildings (Certificates and Inspections)(England and Wales)(Amendment) Regulations 2012 make changes to the rules governing the provision of EPCs with effect from April 6, 2012. The changes deal with the following:
– Extending, to all buildings, the requirement now applicable in residential property cases to commission an EPC before marketing the property for sale or rent.
– Reducing the period in which a seller/landlord must secure that a valid EPC is obtained for the property from the current 28 days of the property being put on the market to 7 days (and making this applicable to non-residential buildings, and to rental transactions, as well as to residential transactions). If the EPC is not available within 7 days, a further 21 days is allowed if reasonable efforts are made to meet the 7 day deadline.
– Introducing a requirement to provide the EPC (not just the asset rating) with written particulars prepared for all buildings, whether offered for sale or for rent, thereby ensuring that rented out buildings and commercial properties are also caught by this requirement.
– Making it clear that the EPC cannot be delayed until just before the parties enter into a contract for rent of for sale. This is to remove the erroneous belief that the provision of the EPC can be delayed until just before contract. The EPC is to be made available “at the earliest opportunity”.
– Expanding the powers of Trading Standards Officers so that they will be authorised to require that agents, not just landlords and building owners, produce evidence to demonstrate that an EPC has been commissioned.