New Energy Performance Certificate rules for landlords and agents

Introduction

5 April 2012

Summary

From April 2012 landlords and managing agents selling or letting property in England & Wales must comply with new rules about commissioning and disclosing Energy Performance Certificates (EPCs) certifying the energy rating for a property. An owner and, for the first time, a managing agent selling or letting either a residential or commercial property will have to:

• Show that an EPC has been commissioned (and provide evidence of when it was commissioned, if requested by Trading Standards).
• Make all 'reasonable endeavours' to obtain the EPC within seven days of marketing the property but, in any event, within 28 days. (The old rules merely said it had to be provided within 28 days.)
• Include a copy of the first page of the EPC (and not just the asset rating, which the old rules permitted) in any written particulars of the property. 'Written particulars' is defined differently for property to be sold and property to be let.
• Provide a full copy of the EPC to prospective buyers or tenants 'at the earliest opportunity' but, in any event, before they receive literature about, or view, the property. The practice of retaining the EPC until shortly before exchanging contracts is therefore unlawful under the new rules.

A copy of any inspection report on air conditioning systems above 12kW included in the EPC must be lodged on the England and Wales central register.