Energy Performance Certificates

Background

The European Law

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 were made on 29 March 2007 and come into force over the period from 6 April to 1 October 2008.

These Regulations implemented articles contained in the Energy Performance of Buildings Directive 2002/91/EC (EPBD); in England and Wales.

The EPBD came into force on 4 January 2003.

The objective of the EPBD is to promote the improvement of the energy performance of buildings within the European Community.

Implementing the EPBD will encourage owners and tenants to choose energy efficient buildings when seeking new accommodation and to improve the performance of buildings they occupy.

Implementation of the Directive is seen as an important contribution to reducing carbon dioxide emissions as part of the UK climate change programme.

For more information refer to Communities and Local Government .

What is an EPC?

These certificates are for all buildings and will be required whenever a building is constructed, rented or sold.

The Energy Performance Certificate (EPC) is broadly similar to the labels now provided with domestic appliances such as refrigerators and washing machines.

Its purpose is to record how energy efficient a property is as a building. The certificate will provide a rating of the energy efficiency and carbon emissions of a building from A to G, where A is very efficient and G is very inefficient.

EPCs are produced using standard methods with standard assumptions about energy usage so that the energy efficiency of one building can easily be compared with another building of the same type. This allows prospective buyers, tenants, owners, occupiers and purchasers to see information on the energy efficiency and carbon emissions from their building so they can consider energy efficiency and fuel costs as part of their investment.

An EPC is always accompanied by a recommendation report that lists cost effective and other measures (such as low and zero carbon generating systems) to improve the energy rating of the building. The certificate is also accompanied by information about the rating that could be achieved if all the recommendations were implemented.

When are assessments required?

An Energy Performance Certificate (EPC) is only required when a building is constructed, sold or rented out. An EPC is valid for 10 years, except for sales of homes which are subject to the Home Improvement Pack Regulations 2007, where a Home Information Pack (HIP) is required. In these cases an EPC must be no more than 12 months old when the property is first marketed.

On Construction

When the construction of a new building is completed, the builder or person responsible for the construction is responsible for obtaining the certificate and providing it to the owner. This is a duty under the Building Regulations. This will also apply if a building is converted into fewer or more units and there are changes in the heating, hot water provision or air conditioning/ventilation services.

Homes require an EPC on construction or such conversion from 6 April 2008. Some commercial buildings will require an EPC on construction or conversion from this date. See implementation timetable.

On Sale

For the marketed sales of homes, including homes marketed before they are physically complete (i.e.off plan), Home Information Pack (HIP) regulations apply. Where a HIP is required an Energy Performance Certificate must be produced as part of the pack (for 'off plan' homes this will be an indicative energy assessment).

Homes sold without marketing for sale e.g. by private treaty between family members or Local Authority housing will require an EPC on sale from 1 October 2008.

On Rent

When buildings are to be rented out, the landlord is responsible for ensuring a valid certificate is made available to all prospective tenants. For guidance on property particulars and when certificates need to be made available, see Property particulars and making EPCs available to prospective buyers and tenants.

How they affect you

Dwellings (houses and apartment)

Developers of all newly created dwellings (houses and apartments) and buildings modified to form a dwelling(s) - where the modification involves the provision or extension of heating, hot water, air conditioning or mechanical ventilation serivces - will be required to provide an Energy Performance Certificate (EPC), upon completion of the work, and pass this on to the new owner.

Other Buildings

Similar arrangements will also apply to all newly created buildings (that are not dwellings) and certain modifications to these buildings, such as subdivisions to form separate units.

Effect on Building Regulations

After 6 April 2008 Building Control will not be able to issue a Completion Certificate for dwellings created as new build or a change of use, unless it is satisfied that a developer has obtained an appropriate EPC and declares, by way of a notice, that this has been or will be passed on to the new owner.

Similar arrangements will also be in place for all non-domestic buildings completed after 6 April 2008 - timetable for implementation.

Timetable of Implementation

Implementation date	Property type
6 April 2008	All dwellings
6 April 2008	Buildings (that are not dwellings) with a floor area over 10,000m2
1 July 2008	Buildings (that are not dwellings) with a floor area over 2,500m2
1 October 2008	Buildings (that are not dwellings) with a floor area below 2,500m2

Large buildings accessible to the public

After 1 October 2008 (subject to government confirmation) all large buildings (over1000m2) in total useful floor area) occupied by public authorities, or providing services to the public - leisure centres, municipal buildings, hospitals, etc. - must also display an EPC, which must be on view to all who use the building.