EPC Regulation Changes - 6th April 2012


The Department for Communities and Local Government (DCLG) has recently announced that it will now implement its proposed changes to the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 on 6 April 2012.


Subject to Parliamentary approval, the Government intends to make the following changes:


  1. The duty to commission an energy performance certificate (EPC) before marketing a property will be extended to the sale and rent of non-residential buildings as well as residential dwellings.

  2. The current 28-day period within which an EPC should be obtained using “all reasonable efforts” will be reduced to 7 days. (Although an additional 21-day period is available in which the EPC can be obtained if it has not been secured within the initial 7-day period).

  3. The requirement to include an EPC with written particulars will apply to all residential and non-residential buildings, whether offered for sale or rent.

  4. The powers of Trading Standards Officers (TSOs) will be increased so that the power to require the production of documents will be extended to parties acting on behalf of the seller or landlord, e.g. estate agents and letting agents to prove that an EPC has been commissioned and to produce a copy of it for inspection. TSOs will be authorised to require estate/letting agents to produce evidence that an EPC has been commissioned.

  5. Regulation 5 of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 will be amended, to make it clear that the provision of the EPC cannot be delayed until shortly before the parties enter into a contract for sale or rent.

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