Eleventh hour delay for new EPC regulations
THE Government has halted the introduction of new regulations on Energy Performance Certificates, which were meant to be implemented on the 1st of July.
It is understood that the Regulatory Policy Committee, scrutineer of new regulations, didn’t give clearance on the new rules, which has led to the delay.
A definite date for the introduction of the new regulations is not yet available however the new rules will mean that commercial properties in England and Wales will require an Energy Performance Certificate (EPC) before they can be put on the market.
It will become the responsibility of the marketing agents rather than landlords and owners to ensure an EPC is provided under the current regulations.
Since the introduction of EPCs in the UK the rules have been that one should be produced within 28 days of marketing and has to be produced to complete a property transaction, but low levels of enforcement have led to a commonplace non-compliance; many landlords and property owners have put off getting the certificate until a sale or letting was imminent to save on initial financial outlay.
The new rules will not allow for this delay and property agents will not risk their reputation and heavy fines. Similar to home reports on domestic properties, EPCs for commercial properties will have to be in place within seven days of marketing and the information will have to appear on property schedules.
Regulations are to be enforced by Trading Standards Officers who will have enhanced powers and will be able to request documents related to a property at any time. They will impose substantial fines on any party not complying with the new regulations.
Andrew Cliff, a partner at Ryden, said: “The message about EPCs will soon become loud and clear – you will have to have one if you want to rent or sell your commercial property and there’ll no flexibility on this.”
The new regulations will only affect properties in England and Wales; current Scottish EPC regulations remain in place.
For further information, please contact Andrew Smith: andrew.cliff@ryden.co.uk / 0113 386 8827
