From the 1st October 2008 all non-domestic buildings over 10m2 will require an Energy Performance Certificate in the following circumstances:-
CONSTRUCTION OR MODIFICATION OF A NON-DWELLING
When a building being constructed is physically complete, it is the responsibility of the person carrying out the construction to give an EPC and recommendations report to the owner of the building and to notify Building Control that this has been done. Building Control will not issue a certificate of completion until they are satisfied this has been done.
If a building is modified to have more or less parts than it originally had and the modification includes the provision or extension of fixed services for heating, air conditioning or mechanical ventilation (ie those services that condition the indoor climate for the benefits of the occupants) then an EPC will be required. When the modifications are physically complete, it is the responsibility of the person carrying out the modification works to give an EPC and recommendations report to the owner of the building and to notify Building Control that this has been done. Building Control will not issue a certificate of completion until they are satisfied this has been done.
SELLING OR LETTING A NON-DWELLING
As soon as a building is in the process of being offered for sale, it is the responsibility of the seller to make available an EPC to prospective buyers.
As soon as a building is in the process of being offered to let, it is the responsibility of the prospective landlord to make available an EPC to prospective tenants.
It is the responsibility of the seller or landlord offering the accommodation for sale or let to make an EPC available for their building. A lease assignment would be considered to be a sale or letting and the assignor should normally provide the EPC. The landlord’s obligations will generally be satisfied if the assignor provides the EPC to the assignee.
The seller or landlord is responsible for ensuring there is an EPC for the building, or part of the building, being sold or let, even if an agent or another service organisation is acting on their behalf or providing an EPC. The seller or landlord should therefore ensure any agents acting on their behalf are complying with the Regulations.
As enforcement officers can request a copy of an EPC from a duty holder at any time up to six months after it was required, it would be prudent for sellers or landlords to retain their reference number so that a copy of an EPC can be requested from the register if required.
For those considering selling, letting or sub-letting a building, it is recommended that the availability of an EPC is ensured at an early stage to be ready for any future transaction. There are two ways this could be achieved:-
It is the duty of every person with an interest in, or in occupation of the building to co-operate with any seller or prospective landlord as far as is necessary to enable them to comply with any duty under the Regulations to make available an EPC, and allow access to any energy assessor they appoint.
WHY EPCs ARE REQUIRED
An EPC is intended to inform potential buyers or tenants about the energy performance of a building, so they can consider energy efficiency as part of their investment or business decision to buy or occupy that building.
An EPC will provide an energy rating for a building which is based on the performance potential of the building itself (the fabric) and its services (such as heating, ventilation and lighting). The energy rating given on the certificate reflects the intrinsic energy performance standard of the building relative to a benchmark which can then be used to make comparisons with comparable properties. It is accompanied by a recommendation report, which provides recommendations on how the energy performance of the building could be enhanced, together with an indication of the payback period.
WHO CAN CONDUCT ENERGY ASSESSMENTS?
The people able to conduct energy assessments and produce EPCs must be accredited energy assessors. Energy assessors must act in an independent manner and be a member of a Government approved accreditation scheme. Energy assessors are responsible for conducting an energy assessment, producing an EPC and lodging the EPC with their accreditation scheme.
The accreditation scheme is responsible for ensuring certificates are properly registered and also for the quality of the certificate you receive.
ASSESSING THE ENERGY PERFORMANCE OF A BUILDING
Energy rating a building is a complex calculation that is based on a combination of factors. The key factors are :-
The energy performance of non-dwelling is shown as a CO2 based index.
The CO2 based rating a building receives depends on the energy used for space heating, water heating, ventilation and lighting, less any energy generated from energy generation technology installed in the building (such as solar water heating). The lower the number (on a scale of 0- 150+), the lower the typical CO2 emissions.
The rating is adjusted for the total useful floor area of a building so it is independent of size for a given type of building.
REGISTERING EPCs
EPCs for non-dwellings are stored in a national register. The national register is the official place for the storage of all EPCs for non-dwellings and is the single source of EPC information for a building. Having a register helps to protect consumers. Those legitimately in possession of an EPC, ie building owners, tenants and their agents, can verify the authenticity of a certificate by checking it against the contents of the register.
Once EPCs have been registered they cannot be altered. However, EPCs that are in dispute may be annotated on the register to show that they are under investigation. As data is kept on the register for 20 years, more than one EPC may be stored over a number of years for one building. An EPC may be valid for up to 10 years. If there are other certificates for the building on the register that are less than 10 years old only the most recent certificate will be valid.
Energy Assessors (through their Accreditation Schemes) lodge each EPC after they produce it, and each is given a unique certificate reference number. Access to the database is restricted, so only those who have a unique reference number can access the certificate registered for a particular building. The register is operated by Landmark Information Group Limited.
PENALTIES FOR NOT HAVING AN EPC
Local Authorities (usually by their Trading Standards Officers) are responsible for enforcing the requirement to have an EPC on sale or let of a building. Failure to provide an EPC when required by the Regulations means you may be liable to a civil penalty charge notice. Trading Standards Officers may act on complaints or undertake investigations.
The penalty for failing to make an EPC available is fixed, in most cases, at 12.5% of the rateable value of the building, with a default penalty of £750 where the formula cannot be applied. A formula is used as the costs of producing an EPC for non-dwellings are expected to vary according to the size, complexity and use of the building. The range of penalties under this formula are set with a minimum of £500 and capped at a maximum of £5,000.
HOW MUCH WILL AN EPC COST?
The price of EPCs will be set by the market and market demand. It is likely in practice that the cost will vary according to a number of factors including size, location and age of the building.
COLLECTING THE INFORMATION REQUIRED FOR AN EPC
The Energy Assessor will need to understand the internal layout of the building and for what purposes it is designed to be used. This is to understand the energy demands of each individual space (zone) in accordance with its designed use.
The information that will be required to produce an EPC includes:-
If there are no plans for a building, the energy assessor will need to survey the building and gather the appropriate information. If you have up-to-date information and plans for your building this process will be less time-consuming. The energy assessor is responsible for ensuring the information used in the energy calculations is accurate and, even where detailed plans are available, may need to validate this information by making a site inspection.