When is an EPC Required?

An EPC is only required for a building when constructed, sold or let. A building can either be; the whole of a building; or part of a building, where the part is designed or altered to be used separately.

An EPC is not required for a building which is a place of worship, a temporary building, a detached building of less than 250m2, a building with a low energy demand or a building which is to be demolished.

When a building being constructed is physically complete, it is the responsibility of the person carrying out the construction to give an EPC. For an existing building, it is the agent, seller or landlord's responsibility to offer the accommodation for sale or let to make an EPC available for their building.

What if I don't get an EPC?

The penalty for failing to make an EPC available to any prospective buyer or tenant when selling or letting non-dwellings is fixed, in most cases, at 12.5% of the rateable value of the building, with a default penalty of £ 750 where the formula cannot be applied.

The range of penalties under this formula is set at a minimum of £ 500 and capped at a maximum of £ 5,000.  

How long does an EPC last?

Once an EPC has been produced for a building, it is valid for ten years or until a newer EPC is produced or is required due to the modification of the building. The EPC will be stored in the central register, and subsequent owners or tenants can make the EPC available in the course of any transaction while it remains valid, provided that the premises retain the same heating and cooling systems throughout the ten-year period.

What will the assessor need to undertake an assessment?

The Non-Domestic Energy Assessor will need to collect sufficient data about the building in order to produce an EPC. Although the assessor can collect all the relevant data without assistance, the process of doing so can be time-consuming, which will ultimately be reflected in the cost of producing an EPC.

The provision of certain plans and documents will greatly assist the assessor and not only reduce costs, but in many cases, accurate documentation will help produce a better rating for the building.

Such documents include:

• Floor Plans, building control sign-offs and certificates

• Window specifications and certificates

• Heating, ventilation, hot water and air conditioning manual

• Lighting information

The assessor will generally require access to all parts of the building, they will need to know in advance if there are any parts that are not accessible. They will need to know your health and safety policies and details about any hazardous materials or processes they may come across. General information about extensions or current building works should be provided.

If your building has specialist staff for maintenance of the building and its services, the assessor would benefit from access to this person during their survey.

If you are having a survey undertaken by ourselves, it will help immensely if you fill out our pre-assessment questionnaire. (link below)

What if I let a non-domestic property with a substandard rating?

From April 1, 2018, Minimum Energy Efficiency Standards Regulations will impose a financial penalty regime on Landlords who let out non-domestic premises that do not have an Energy Efficiency Rating of level “E” or above.

Local Authority Weights and Measures Departments will enforce the Regulations. They will have a number of penalty options available.

If the Property has been let for less than three months at the time a penalty notice is served, the penalty can be up to the greater of £ 5,000 or 10% of the property’s rateable value, subject to a maximum of £ 50,000.

If the breach continues for three months or more, the maximum penalties increase to the greater of £ 10,000 and 20% of rateable value, subject to a maximum of £ 150,000.

Penalty notices can be served up to 18 months after the suspected breach of the Regulations.