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Who is responsible?

If you are responsible for the rental of a Domestic Property, or the sale of a Domestic Property without a HIP you will need an EPC

Under Article 7 of the Driective, any build which is sold, rented out or constructed must have an Energy Performace Certificate (EPC). This must be issued by a qualified and accreddited assor in an independent manner. Once produced an EPC is valid for ten years. The cerficiate is accompanies by recommendations on how to improve energy efficiency. These do not however have to be implements. This part of the Directive has been implemented into law in England and Wales by the Energy Performance of Building Regulations (2007/991)

The landlord must commission an EPC and snsure a copy of it, including the recommendation report is available free of charge to prospective tenants at the earliest opportunity. As a minimun, this should be when prospective tenants are first given written information about a dwelling or are arranging to view it, and before any rental contract is entered into. A copy of the EPC (rating and recommendation report) must be gien free of charge to the person who ultimatley becomes the tenant before rental contract is entered into.

Lease Renewal

The landlord is not required to produce an EPC when an existing lease is renewed, only when the tenant changes.

Enforcement

The local weight and measures authority, which will be the Trading Standards department for tge area is responsible for enforcing the regulations that require EPCs to be produced for rented dwellings. An authorised Trading Standards officer (TSO) has powers to ask a landlord who appears to be or to have been under duty in the regulations to produce for inspections an EPC and recommendation reports if the TSO suspects that an offence has been commiteed. This might occur, for example, if a prospective tenant complains that they have not be given access to a copy of the EPC, or if the tenant does not receive the EPC when he/she takes up the tenancy.

If the landlord has failed to provide an EPC to a tenant, or fails to show an EPC to an enforcement officer when asked, Trading Standards can issue a notice with penalty charge of £200.00 per dwelling. In addition to paying the penalty notice, the landlord will still have to provide an EPC to the person who has become the tenant.

The level of the fine and the process for issuing a penalty notice, and challenging once it have been issued is set out in the Energy Performance of Building Regulations referred to above.

So, if you are responsible for the rental of a Domestic Property, or the sale of a Domestic Property without a HIP PSG Energy can help you!