The Government prepares to crack down on non-compliance in relation to Commercial EPCs

29th Feb 2012

 

On April 6th 2012 the new EPC regulations (see below for details) take affect; these regulations will give commercial property agents the same responsibility for enforcing EPC compliance that domestic estate agents have always had with Trading Standards officers having new powers to get agents to prove that they have commissioned an EPC when marketing a property without one.

The regulations make clear that an EPC must be obtained before or immediately after marketing of either domestic or commercial properties, making agents liable as well as building owners, anyone marketing a property has a duty to ensure that an EPC has been obtained or commissioned before marketing commences.

The penalty for failing to make a Commercial EPC available to any prospective buyer or tenant when selling or letting non-dwellings is fixed, in most cases, at 12.5 per cent of the rateable value of the building, with a default penalty of £750 where the formula cannot be applied. The range of penalties under this formula are set with a minimum of £500 and capped at a maximum of £5,000