A brief guide to the Regulations

1 EPCs

Home sellers and buyers

Regardless of the date when an existing dwelling has been placed on the market, from 30th June 2008, the relevent person (the seller) has a legal duty to make available to the prospective buyer or actual buyer a valid EPC at the earliest opportunity . This must be given free of charge. The earliest opportunity is when the house is marketed or when a person asks to view the house or requests information on the house. If an EPC has not been provided to the prospective buyer during marketing, it is the responsibility of the home owner to ensure a copy of the EPC has been given to the actual buyer. An EPC is valid for 10 years and can therefore be reused in further transactions involving that property up to the end of this period.

Landlords and tenants

From 30th December 2008 the relevant person (the landlord) of a building which is to be rented out has a legal duty to make available to the prospective tenant or actual tenant a valid EPC at the earliest opportunity (i.e. before entering into a contract to rent). There is no need to obtain an EPC for an existing tenancy. Once obtained, a certificate remains valid for up to 10 years. If a valid EPC still exists when changing tenants, a new certificate is not required. This applies to both private and social sector landlords and tenants.

Builders and developers

It is likely that the more energy efficient properties will be more attractive to potential tenants and purchasers. It is clearly most cost-effective to design for energy efficiency rather than have to upgrade a property once it is constructed. Architects and other designers should therefore be encouraged to specify designs that are energy efficient. From 30th September 2008 the relevant person (the builder) of a new building (dwelling and non-dwelling) has the same legal duty as the home seller and landlord above. 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 will also apply if a building is converted into fewer or more units and there are changes to the heating, hot water provision or air conditioning/ ventilation services. When the building is physically complete, the builder must obtain an EPC and provide the EPC to the new owner of the building and notify the local Building Control officers that this has been done. Once Building Control is satisfied that the EPC has been properly produced, it will then be able to issue a final completion certificate.

Solicitors and estate agents

An EPC must be made available at the earliest opportunity before the conveyancing process commences and, as a constituent document in this process, it must, in any event, be provided as part of the completion of the sale. A valid EPC shall be made available when the prospective buyer requests information about the dwelling or makes a request to view it or when he makes an offer to buy it. Where the relevant person employs an agent, the agent may make the EPC available to the prospective buyer. If the agreement between the seller and the agent provides, the agent may, on behalf of the seller, procure an EPC from an accredited energy assessor if a valid certificate is not already available. This agreement does not relieve the seller from the legal duty to ensure that a valid certificate is available.

Source: www.epb.dfpni.gov.uk