ATTENTION ALL COMMERCIAL PROPERTY AGENT’S!!

YOU WILL SOON BE RESPONSIBLE FOR COMMERCIAL EPC’S  

Commercial property landlords, owners, tenants and agents in England and Wales planning to sell, let or sublet their property must comply with The Energy Performance of Buildings Regulations 2011. These regulations include changes regarding agent’s liability and energy efficient marketing. The following changes were postponed from July 2011 to October 2011 and are now due to come into force on 6th April 2012.

·       EPC’s to be commissioned before a property is marketed for sale or rent.

·       Trading standards enforcement officers have powers to issue fines (up to £5000) for non-compliance.

·       A 'responsible person' (usually the agent) must use 'reasonable efforts' to ensure that the EPC is available within 7 days of the start of marketing, rather than the current 28 days.

·       The first page of the EPC (as opposed to the summary graphs) must be provided as part of written property particulars.

·       The FULL EPC must be provided to prospective buyers or tenants 'at the earliest opportunity' but, in any event, before they receive literature or view the property.

·       A copy of any inspection report on air conditioning systems (above 12kW) included in the EPC must be lodged on the England and Wales Central Register kept on behalf of the Secretary of State.

·       Finally, the changes make the agent liable to prosecution if the EPC rules are broken.

The above changes will have a significant on commercial property estate agent’s, they will now have the same responsibility for enforcing EPC compliance that domestic estate agents have always had. This should also lead to a boost in the number of EPC Lodgments as most commercial properties are currently being marketed without an EPC; The reason being that owners have been opting to take a chance on the relaxed enforcement regime.

Despite the extensive documentation on these changes; the date for implementing them has not yet been confirmed by The Department of Communities and Local Government. As it is now 17^th February 2012 and no confirmation has been given I suspect that this date may also be further postponed. Whether it is or not agents beware; it is coming, SOONER OR LATER!