What happens if I do not have a valid EPC when I sell or let my building?
Local authorities (usually by their Trading Standards Officers) are responsible for enforcing the requirement to have an EPC on sale or let of a building. Failure to make available an EPC when required by the Regulations means you may be liable to a civil penalty charge notice. Trading Standards Officers may act on complaints or undertake investigations. They may request you to
provide them with a copy of the EPC and recommendation report that you were under a duty to provide. If asked, you must provide this information within seven days of the request or be liable again to a penalty charge notice.
A copy of an EPC can be requested at any time up to six months after the last day for compliance with when the duty was to make it available. The penalty for failing to make an 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.
If you are issued with a penalty charge notice and you believe it should not have been issued you can request a review. If you are not satisfi ed with the outcome of the review you may appeal to the county court within 28 days after you received notice confirming the penalty charge notice from the local authority.
You have a defence against a penalty charge notice if you made a proper request for an EPC to an appropriate person at least 14 days before it was required and despite all reasonable efforts you have not received a valid EPC at the relevant time, or where you rent to a tenant in an emergency requiring his urgent relocation