AS from October 1, there is a requirement to provide an energy performance certificate (EPC) in relation to all non-dwellings subject to limited exceptions). As such, a seller, landlord or contractor must provide an EPC on the sale, let or construction of a building.
The obligation to provide an EPC is triggered by whichever of these events occurs first: (a) the seller or landlord provides written information about the building to a person who has requested information; (b) a prospective buyer or tenant has viewed the uilding and, (c) a contract is entered into to sell or let the building.
However, the obligation to provide an EPC does not apply if the seller or landlord has reasonable grounds to believe that a prospective buyer or tenant is unlikely to have sufficient funds to buy or rent the building, or is not generally interested in buying or renting that type of property or is not someone to whom the seller or landlord would be prepared to sell or rent out the building.
An EPC must also be produced by a contractor to the owner when a building is constructed or converted into fewer or greater separate units and the conversion includes the provision or extension of any of the buildings, fixed services, ie heating, air conditioning, hot water. An EPC does not need to be produced in respect of certain buildings such as temporary buildings, places of worship, industrial buildings with low energy demand, buildings with a floor area of less than 50 sq metres and buildings that are to be demolished.
In addition and as from October 1, a display energy certificate (DEC)must be displayed at buildings with a floor area of over 1,000 square metres that are occupied by public authorities or by institutions providing public services to a large number of people and thereby frequently visited by those people.
Any person controlling an air conditioning system must now have that system regularly inspected. For systems put into service on or after January 1, 2008, the first inspectionmust take place within five years of the first service date and for systems put into service prior to January 1, 2008, an inspection is required before January 4, 2009, if the system has an output of more than 250kwor before January 4, 2011, if it has an output of more than 12kw.
Finally, failure to produce a required certificate or report can incur a penalty charge which in most cases will be 12.5 per cent of the rateable value (subject to a minimum of ?500 and a maximum of £5,000).
*For more information please contact DJM solicitors on
