Changes to the Energy Performance Certificate regime
On 9th January 2013 further changes to the Energy Performance Certificate (EPC) regime were introduced. These changes are being introduced by The Energy Performance of Buildings (Scotland) Amendment Regulations 2012 (2012/190) and The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 (2012/208) which implement Directive 2010/31/EU on the energy performance of buildings (recast) and amend the Energy Performance of Buildings (Scotland) Regulations 2008.
The changes are as follows:-
| 1. | Marketing Property: when a building or building unit is offered for sale or let, the advertisement must include the energy performance indicator (graded A to G) as stated on the EPC. Previously there was no such requirement. |
| 2. | Display of EPCs: the owner or occupier of a building frequently visited by the public with a floor area greater than 500m2 must ensure that an EPC, if one has been issued, is displayed within the building in a prominent place. This change will mean that all public buildings of the requisite size (for example, shops, cinemas or banks) must display their EPC if one has been issued. Previously the rules on displaying EPCs covered only public buildings occupied by public authorities or public service providers. The requirements for buildings which are frequently visited by the public and which are occupied by public authorities have also been changed and are now more stringent. In these cases an EPC must be displayed within the building in a prominent place where the floor area is greater than 500m2 (the current threshold is 1000m2). This threshold will fall to 250m2 after 9 July 2015. "Frequently visited by the public" means any building into which members of the public have an express or implied licence to enter, and which is visited by members of the public on at least a weekly basis. |
| 3. | Penalties: there are financial penalties for a failure to state the energy performance indicator when advertising a property and also for a failure to display an EPC where there is a requirement to do so. The penalties are £500 for dwellings, or buildings or building units attached to dwellings, and £1,000 in any other case. |
Implications
It is already necessary to have an EPC for a property or part of a property that is leased or sold. Now, an EPC must be obtained prior to the property being marketed for sale or let so that a rating is available to include in the marketing information. Failure to do this will result in a fine.
The extension of the regulations governing the display of EPCs will mean that more buildings will fall into this category and owners and occupiers need to be aware of the potential requirements. Again failure to comply will result in a fine.
