but since April 2012 the legislation was significantly overhauled by the new regulations consolidating a number of EPC amendments.The Recast of the Energy Performance in Buildings Directive was translated into UK law under the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2012.
So from January 2013 under this legislation, whilst the onus remains on the ‘relevant person’ (i.e. the seller or landlord) to commission an EPC before marketing, the following are legal requirements:
- All advertisements for either selling or renting property must clearly show the energy rating of the building. This is not confined to on-line advertising but includes newspapers, magazines and any written material produced by the landlords/estate agents and letting agents. Whilst the need to display the front page, if there is enough space, the advertisement should show the A-G graph. It is no longer possible to include only the asset rating;
- The seller or landlord must give an EPC free of charge to a prospective buyer or tenant as soon as possible with a copy also provided to the successful buyer or whoever takes the tenancy;
- The current 28 day period within which an EPC is to be secured using ‘reasonable efforts’ is reduced to 7 days and if after that 7-day period the EPC has not been secured the relevant person will have a further 21 days to do so;
- Air conditioning reports must be registered.