Who is responsible for providing an energy performance certificate?
When a building being constructed is physically complete, it is the responsibility of the person carrying out the construction to give an EPC and recommendation report to the building owner and to notify Building Control that this has been done. Building Control will not issue a certificate
of completion until they are satisfied this has been done.
If a building is modified to have more or fewer parts than it originally had and the modification includes the provision or extension of fixed services for heating, air conditioning or mechanical ventilation (ie those services that condition the indoor climate for the benefits of the occupants) then an EPC will be required. When the modifications are physically complete, it is the
responsibility of the person carrying out the modification works to give an EPC and recommendation report to the building owner and to notify Building Control that this has been done. Building Control will not issue a certificate of completion until they are satisfied this has been done.
Responsibilities for providing EPCs when selling or letting a non-dwelling
As soon as a building is in the process of being offered for sale, it is the responsibility of the seller to make available an EPC to prospective buyers free of charge. As soon as a building is in the process of being offered to let, it is the responsibility of the prospective landlord to make available an EPC to prospective tenants.
It is the responsibility of the seller or landlord offering the accommodation for sale or let to make an EPC available for their building. A lease assignment would be considered to be a sale and the assignor should provide the EPC. The seller or landlord is responsible for ensuring there is an EPC for the building, or part of the building, being sold or let, even if an agent or another service organisation is acting on their behalf or providing an EPC.
The seller or landlord should therefore ensure any agents acting on their behalf are complying with the Regulations.
Transactions not considered to be a sale or let
The purpose of providing an EPC during the sale or letting process is to enable potential buyers or tenants to consider the energy performance of a building as part of their investment. Not all transactions will be considered to be a sale or let to which the duties apply. These will include:
• lease renewals or extensions
• compulsory purchase orders
• sales of shares in a company where buildings remain in company ownership
• lease surrenders.