What you need to do to comply with Energy performance of buildings regulations.
England and Wales
The Energy Performance of Buildings (England and Wales) Regulations 2012 require the seller to commission an Energy Performance Certificate (EPC) before they place the building on the market.
The person acting on behalf of the seller (for instance, the estate agent) must make sure an EPC has been commissioned for the building.
The seller must make every reasonable effort to get the EPC within 7 days of putting the building on the market.
If they don’t get the EPC after 7 days, having used all reasonable efforts, the time limit is extended for an additional 21 days.
After a total of 28 days, if the building is still being marketed without an EPC, the local weights and measures authority may issue a penalty charge notice to the seller or the agent. This must not exceed £200 for a dwelling, per property. If the building is not a dwelling, the fine is £500 minimum, per property.
Where a property is offered for sale, any advertisement of the sale in commercial media, for example the property brochure, print advertising, online listings, must state the energy performance rating from the EPC.
The local weights and measures authority may issue a penalty charge of £200 if they believe there’s been a breach of this duty.
Northern Ireland
According to the Energy Performance of Buildings (Certificates & Inspections) Regulations (Northern Ireland) 2008, the seller or person acting on their behalf must make the EPC available free of charge to any prospective buyer.
If the local district council believes a person hasn’t done this, they may issue:
- a penalty charge of £200 for a dwelling
- a fine of £500 minimum, per property, for a building that is not a dwelling
The seller or person acting on their behalf must make sure the energy performance indicator shown in the EPC is stated in any advertisement for the sale of the building in commercial media.
If the local district council believes a person has breached this duty, they may issue a penalty charge of £200.
Scotland
Under the Energy Performance of Buildings (Scotland) Regulations 2008, the seller must obtain an EPC and make sure the energy performance indicator is included in commercial media.
An estate agent should advise their clients of their legal obligations. If an estate agent doesn’t give enough information to a seller about the requirements of a Home Report (for those that need one) or their duty to provide an EPC, they could face enforcement action under regulation 3 of the Consumer Protection from Unfair Trading Regulations 2008.
