New energy performance certificate (EPC) regulations from 6 April 2012
On 6 April 2012 The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (SI 2011/2452) come into force and amend the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007.
There are a number of changes, the main ones being:
Property particulars, in writing, must include a copy of the full EPC. It is no longer possible to include only the “asset rating”. The changes relating to written particulars will apply to properties marketed on or after 6 April 2012.
Before marketing for all properties, whether residential or commercial, and whether for sale or rent, an EPC will be required.
Currently sellers of residential properties have 28 days in which to provide an EPC, although residential properties that are marketed shortly prior to 6 April 2012 can continue to benefit from the longer time periods for obtaining an EPC. This will not apply to commercial properties.
There will be an obligation to use all reasonable efforts to ensure that an EPC is obtained within seven days of marketing the building. However, there will be an additional 21 day period during which the EPC can be obtained, if it has not been obtained within the initial seven day period.
The regulations have clarified the doubt as to whether an EPC can be delayed so that it can be provided shortly before exchange of contracts, as this will no longer be the case
