Non-Domestic Energy Performance Certificates (EPCs)

Background

Following the EU Performance of Buildings Directive (EPBD) 2002, the UK government have introduced statutory legislation for certain requirements concerning the energy performance of non domestic buildings.

What is a Non Domestic Energy Performance Certificate, sometimes referred to as Commercial Energy Performance Certificates?

A non domestic Energy Performance Certificate (EPC) is intended to inform potential buyers or tenants about the energy performance of non-dwellings. The certificate will provide an energy rating for a building based upon the performance potential of the building fabric and its services, such as heating, ventilation and lighting. The rating produced is A to G, with A being very efficient and G least efficient. A recommendation report accompanies the certificate which indicates how the energy rating may be improved.

When is an EPC required?

As from the 1st October 2008, an EPC is required on the construction, sale or rent of all non-domestic buildings.

Are there any exemptions?

Yes, the following buildings do not require an EPC:

Places of worship

Temporary buildings with a planned time of less than 2 years

Stand alone detached buildings with a gross internal area of less than 50 sq. m.

Low energy-demand buildings (such as barns)

Buildings due to be demolished

How long is an EPC valid for?

10 years, or until it is replaced with a newer one. During this period a landlord or vendor can provide the same EPC to prospective tenants or buyers. However if the building is modified to have more or less parts than it originally had and includes modification of fixed services then an EPC will be required.

Who is responsible for providing an EPC when selling or letting a non-dwelling?

The seller or landlord must make available an EPC to prospective buyers or tenants. A lease assignment would be considered to be a sale or letting and the assignor should normally provide the EPC.

What penalties are there for not having an EPC?

You will be issued with a fixed penalty charge notice for failing to make available an EPC to any prospective buyer or tenant when selling or letting non dwellings. In most cases this will be 12.5 per cent of the rateable value of the building, capped at £5000. Enforcement is the responsibility of Local Authorities.

Who can provide a Commercial Energy Performance Certificate?

An accredited Energy Assessor. Energy assessors must act in an independent manner and be a member of a Government approved accreditation scheme.

Energy assessors through their Accreditation Scheme lodge each EPC after they produce it on a national register and each certificate is given a unique certificate reference number.

What will the Energy assessor need to provide an EPC?

The energy assessor will need to understand the internal layout of the building and for what purpose it is designed to be used. Dimensions of all areas within the building are required. An inspection and survey will need to be undertaken to gather information on heating and ventilation services, lighting and construction of the fabric of the building.