Over Taylor Biggs

These changes would have required landlords and sellers to commission an Energy Performance Certificate (EPC) before selling commercial and residential property.  They were due to be introduced as part of the amendments to the Regulations announced in April.

The Department has not given any revised timescale for implementation.  It has stated that the intention is to bring the changes into force as soon as possible.

The changes would have required an EPC to be commissioned before marketing.  This would apply to all buildings whether for sale or rent and include non-domestic buildings.  The period of 28 days within marketing to make this available was to be reduced to seven days.  There was an erroneous belief that the provision of an EPC could be delayed until shortly before the parties entered into a sale contract or lease.  The changes were to make clear that this was no longer the case.

Changes relating to written particulars for the sale of residential property were due to apply to properties marketed after 1 October 2011.  These would have required an asset rating or attaching a copy of the EPC to the sales particulars. 

The changes also extend the powers of Trading Standards Officers to require that Agents and not just landlords and building owners, produce evidence to them that an EPC has been commissioned.  Also, if an air conditioning inspection report is required, this will need to be lodged on the central EPC Register.