1 SUMMARY OF THE CHANGES TO THE EPB REGULATIONS
The changes to the EPB Regulations can be summarised as follows.
· The changes will extend the current requirements, to commission an EPC that apply to residential buildings, to all residential and non residential buildings when sold or rented out.
· The requirements for the provision of an EPC with written particulars will be extended to all buildings sold or rented out and the option to attach the asset rating will be removed. The requirement will only extend to the first page of the EPC (the EPC consists of two pages, accompanied by four pages of recommendations).
· The requirement for the statutory lodgement of air conditioning inspection reports onto the central EPC Register.
The following summary details the main changes that will be made in relation to EPCs.
2 COMMISSIONING AN EPC BEFORE MARKETING
A number of changes will be made to Regulation 5A of the EPB Regulations. In general, the onus remains on the 'relevant person' (ie the seller or landlord) to commission an EPC before marketing. The main changes are as follows.
· The duty to commission an EPC before marketing will be extended to the sale and rent of residential and non-residential buildings.
· The current twenty eight day period within which the EPC is to be secured using 'reasonable efforts' will be reduced to seven days.
· If after that seven day period the EPC has not been secured the 'relevant person' will have a further twenty one days in which to do so.
3 POWER TO REQUIRE THE PRODUCTION OF DOCUMENTS
Trading Standards Officers (TSOs) currently have the power to require the 'relevant person' to produce copies of the EPC for inspection and to take copies if necessary. The power to require the production of documents will be extended to include persons acting on behalf of the seller or landlord (eg estate agents and letting agents). This means, for example, that TSOs will be authorised to require estate agents to produce evidence showing that an EPC has been commissioned where they are marketing a building without one.
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EXTRACT FROM DCLG DATED 23 SEPTEMBER 2011
PROPOSED CHANGES TO THE ENERGY PERFORMANCE OF BUILDINGS (Certificates and Inspections) (England and Wales) REGULATIONS 2007 (The EPB Regulations)
4 CLARIFYING WHEN AN EPC IS REQUIRED
This technical amendment to Regulation 5 is intended to remove the erroneous belief that the provision of the EPC can be delayed until shortly before the Parties enter into a contract for sale or rent. This will be achieved by deleting the words 'before entering into a contract to sell or rent the building or, if sooner' in Regulation 5(2)(b) of the EPB Regulations.
5 CONSEQUENTIAL CHANGES
A number of consequential changes will be made to enable TSOs to enforce the new duties.
6 EPC INFORMATION IN WRITTEN PARTICULARS
Currently, for residential sales only, the relevant person or his agent is under a duty to either attach the EPC to written particulars or include the asset rating on those particulars. The amendments will require the EPC to be attached to written particulars in relation to buildings sold or rented out. The option to include the asset rating will no longer apply.
The existing definition of 'written particulars' will be expanded to ensure that particulars produced for rented out buildings and commercial properties are captured by the new requirements.
As an exception to this requirement, provision is made to allow the person subject to the duty to provide the written particulars to omit the address of the building from a copy of the EPC where the address had been omitted from those particulars.
7 STATUTORY LODGEMENT - AIR CONDITIONING INSPECTION REPORTS
The requirement to lodge air conditioning inspection reports on the central Non Domestic EPC Register will become a statutory requirement, replacing the current voluntary approach.
DCLG intends to bring these changes into force on 06 April 2012. Further information and additional interim guidance will be issued shortly.