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Energy Performance Certificates – New Legislation Comes Into Force

New Energy Performance Certificate ('EPC') Legislation has been introduced and will become law on the 6th April 2012.

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (amendment) Regulations 2011 will make several changes in the law:

Commission of EPCs

Currently, a seller of a residential property must ensure that an EPC is commissioned for the property before marketing. The seller must use all reasonable efforts to ensure that an EPC is obtained within 28 days of marketing the property.

From 6 April 2012, there will be an obligation to ensure that an EPC is obtained within 7 days of marketing the property (although there may be an additional 21 day period during which the EPC can be obtained, if it is not obtained within the initial subject period).

The new EPC regulations will apply to both residential and commercial properties. They will also apply irrespective of whether the property is marketed for sale or rent.

EPC Sale Particulars

It will no longer be possible to include only the asset rating on particulars of sale. The EPC (once it has been obtained) will need to be attached in full.

Transitional provisions

Residential properties marketed before the 6th April 2012 will continue to enjoy the longer time periods for obtaining an EPC.

Clarification of EPC 'Loophole'

Before the 2011 Regulations, there had been some doubt as to whether an EPC could be delayed until shortly before the party enter into any sale contract or lease. The 2011 Regulations have confirmed that there can be no delay in providing an EPC.

Air conditioning reports

If an air conditioning inspection report is required, this will now need to be lodged on the central EPC register. Lodging an air conditioning inspection report on the register may incur a fee.

Quality Advice

The legislation concerning EPCs can be a confusing area. If you require any assistance with this or any other area of your property transaction, then a commercial property lawyer will be able to assist you.

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Dated: 02/02/2012

Author: Greg Cox

EPC - new legislation

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