Capital EPC

Capital EPC

Capital EPC Ltd Frequently Asked Questions

1. Domestic EPC Ltd Frequently Asked Questions

What is an EPC?
What is a DEA?
How will the EPC grade the house?
Can I see the EPC?
What should I do about the recommendations in the EPC report?
What data will be collected?
How long will an EPC last?
What is the point of an EPC if I am selling the property?
What if I am not happy with the grade (A to G)?
How long will it take to get my Energy Performance Certificate?
Why does the EPC Floor plan area sometimes differ from the Estate Agents particulars?
Will the owner of the property need to be in for the inspection?
Where can I get more information about Energy Savings and efficiency?
Do I need an Energy Performance Certificate before I market my property?
What happens to the EPC on my property?

2. Commercial (Non Domestic) EPC Frequently asked questions taken from DCLG

Which commercial properties require an EPC?
I am marketing a commercial property for sale or rent which requires an EPC. Marketing started before 1 October 2008. When does my vendor/landlord client need to obtain an EPC?
What happens if I enter into a contract to sell or rent prior to 4 January 2009?
What happens if the property is still on the market on or after 4 January 2009?
Which buildings do not require an EPC?
I am marketing a commercial property for sale or let which requires an EPC. Marketing started after 1 October 2008, when does my vendor/landlord client need an EPC?
What happens if the vendor or landlord has ordered an EPC and it hasn’t arrived?
What is the penalty charge?
Do I need an EPC where a tenant is in occupation?
What is written information?
What does make an EPC available mean?
How long are EPCs valid for?
Do I need a new EPC every time I let my building?
Do I need a new EPC every time I sell a building?
Can a prospective tenant or buyer waive their right to receive an EPC?
Do I need an EPC if I have exchanged contracts to sell or let before the date on which the Regulations apply to my building, but have not yet completed the transaction?
What software can be used to produce EPCs?
How can I check if my energy assessor is properly qualified?
Do I have to act on the recommendations?
What if a building is required urgently for rental and there is no time to commission an inspection?
I’m selling a building for demolition – do I need an EPC?

1. Domestic EPC Ltd Frequently Asked Questions

What is an EPC?
An Energy Performance Certificate, known as an EPC, is required by law and will give potential house purchasers an indication of the energy efficiency of the property they are considering. It also details recommendations on how to improve its energy efficiency and so save money. It is a legal requirement to include it within the Home Information Pack since 2007.

Back to top

What is a DEA?
A Domestic Energy Assessor, known as a DEA, is trained, insured, and accredited by Government approved agencies. All Capital EPC assessors have been CRB checked and have passed the Capital EPC recruiting procedures. Without formal accreditation it is impossible to produce an EPC.

Back to top

How will the EPC grade the house?
The energy efficiency grading system goes from A to G (100 to 1), much like the graph you will see on the front of a new fridge or washing machine. A is highest level of efficiency. There will also be a grade for environmental impact (CO2 emissions), also graded A to G (100 to 1).

Back to top

Can I see the EPC?
Yes. It will be available in your HIP, from your Capital EPC DEA and via the internet using a unique serial number provided to you.

Back to top

What should I do about the recommendations in the EPC report?
The ultimate aim of the EPC is to reduce carbon emissions, help with climate change and, as a direct consequence, save you money on your energy bills. You should read the report carefully and seriously consider making the changes recommended. This may in turn increase your grade, save energy and improve the value of your home.

Back to top

What data will be collected?
The Capital EPC DEA will initially assess the age of the property then look at heating systems, windows, lighting and insulation. He will take photographs of the boiler, heating controls, the loft insulations and front and rear views of the property.

Back to top

How long will an EPC last?
An EPC is valid for 12 months.

Back to top

What is the point of an EPC if I am selling the property?
EPC's are now required on all residential properties and understanding the process will still help in buying another property should you decide not to implement the recommendations contained within the EPC. Capital EPC will assist you if requested in implementing the recommendations of your new properties EPC.

Back to top

What if I am not happy with the grade (A to G)?
Capital EPC have complaint protocols so in the first instance refer back to the DEA who assessed your property. However, please remember that the grading system is not meant to be a competition or bargaining tool. It is a scientific model of your energy efficiency. A low grade - D or below - is not necessarily a bad thing. Due to the age and type of house you own, it may be impossible to significantly increase your energy efficiency. You may already have done all you can.

Back to top

How long will it take to get my Energy Performance Certificate?
Our Capital EPC Domestic Energy Assessor should usually be on site for approximately one hour. During this time he will explain the process before making assessments of the age, size and details of the heating systems. Before leaving your property he will explain the major findings of the inspection and leave his contact details with you should you have any further queries.

Back to top

Will the owner of the property need to be in attendance for the inspection?
Whilst the inspector may need to ask the owner questions about the property the inspector does not need to be accompanied during the inspection.

Back to top

Why does the EPC Floor plan area sometimes differ from the Estate Agents particulars?
The criteria used by the DEA in measuring the floor plan differs from that used by the estate agent. For example we may not include a conservatory or unheated basement.

Back to top

Where can I get more information about Energy Savings and efficiency?
The Government website www.energysavingstrust.org.uk is an excellent source of information.

Back to top

Do I need an Energy Performance Certificate before I market my property?
The EPC is a mandatory part of the Home Information Pack and must be attached to the property details supplied by the Estate Agent within 28 days of the property being marketed. The EPC is not yet required prior to marketing.

Back to top

What happens to the EPC on my property?
All domestic EPC's are lodged in a central database. Energy Assessors lodge them as they produce them, and each is given a unique reference number. Access to the database is restricted to those who have the unique reference number which is shown on the EPC within your Home Information Pack.

Back to top


2. Commercial (Non Domestic) EPC Frequently asked questions taken from DCLG

Which commercial properties require an EPC?
Reference should be made to the guidance: Improving the energy efficiency of ourbuildings: A guide to energy performance certificates for the construction, sale and let of non-dwellings, 2nd edition. This document may be found at: www.communities.gov.uk
The relevant sections are 1.2 (buildings requiring an EPC), 1.5 (situations where an EPC is not required) and 4.2 (applying the Regulations in practice).

Back to top

I am marketing a commercial property for sale or rent which requires an EPC. Marketing started before 1 October 2008. When does my vendor/landlord client need to obtain an EPC?
Any property that was already on the market for sale or let before the 6 April, 1 July and 1 October 2008 commencement dates, whichever applies for the size of building in question, will require an EPC when a contract for sale or let is entered into.

Back to top

What happens if I enter into a contract to sell or rent prior to 4 January 2009?
At the latest an EPC2 must be requested when a contract for sale or let is entered into. All reasonable efforts must be made to obtain it as soon as reasonably practicable. If the EPC is not available before the contract is entered into, this need not delay the transaction. However, the EPC is still required and once the EPC has been obtained, it must be given free of charge to the buyer or tenant.

Back to top

What happens if the property is still on the market on or after the 4 January 2009?
On or after 4 January 2009, the EPC must be made available for the property, free of charge, to a prospective buyer or tenant at the earliest opportunity and in any event:

In any event an EPC must be obtained before a contract for sale or let is entered into. It is not placing a property on the market that defines the point at which an EPC must be made available, but any of the circumstances listed above.

A seller or landlord should order an EPC from a person who can provide an EPC for the category of building in question in good time and at least 14 days before it is required to avoid any penalty charges. Therefore if a property is on the market and you expect to have viewings, provide written information or to exchange contracts, you should encourage your client to obtain an EPC as soon as possible. It is not obligatory to include the EPC graphs in the written / electronic property details. However, it would be good practice to include them.

Back to top

Which buildings do not require an EPC?
EPCs are not required on sale or rent for: places of worship, temporary buildings with a planned time of use of less than two years, stand-alone buildings with a total useful floor area of less than 50m2 that are not dwellings, industrial sites, workshops and non-residential agricultural buildings with low energy demand. EPCs are not required on sale or rent for dwellings due to be demolished, if the seller or landlord can demonstrate that: the dwelling is suitable for demolition, the resulting site is suitable for redevelopment, and all the appropriate permissions are in place for both the demolition and the redevelopment.

The seller or landlord is the ‘relevant person’ under EPC legislation and is responsible for making the EPC available. The seller or landlord, not the agent, is liable to a penalty charge if the EPC is not made available. It would be good practice, however, for any agent offering a property for sale on a seller’s or landlord’s behalf to inform the seller or landlord of the legal obligation and to recommend that an EPC is obtained as soon as possible.

Back to top

I am marketing a commercial property for sale or let which requires an EPC. Marketing started after 1 October 2008, when does my vendor/landlord client need an EPC?
An EPC is required for the sale or let of all properties1 from 1 October 2008. The EPC, along with its accompanying recommendation report, must be made available for the property, free of charge, to a prospective buyer or tenant from the1 October 2008, at the earliest opportunity and in any event:

In any event an EPC must be obtained before a contract to sell or let is entered into. It is not placing a property on the market that defines the point at which an EPC must be made available, but any of the circumstances listed above.
A seller or landlord should order an EPC from a person who can provide an EPC for the category of building in question in good time and at least 14 days before it is required to avoid any penalty charges. Therefore if your property is on the market and you expect to have viewings, provide written information or to exchange contracts, you should consider obtaining an EPC as soon as possible.
It is not obligatory to include the EPC graphs in the written / electronic property details. However, it would be good practice to include them.

The seller or landlord is the ‘relevant person’ under EPC legislation and is responsible for making the EPC available. The seller or landlord, not the agent, is liable to a penalty charge if the EPC is not made available. It would be good practice, however, for any agent offering a property for sale or let on a seller’s or landlord’s behalf to inform the seller or landlord of the legal obligation and to recommend that an EPC is obtained as soon as possible.

Back to top

What happens if the vendor or landlord has ordered an EPC and it hasn’t arrived?
If the vendor or landlord has ordered an EPC from a person who can provide an EPC for the category of building in question at least 14 days before it was required (see sections 1 and 2 of this document for more guidance on when EPCs are required) and have made, and continue to make, all reasonable efforts and enquiries to obtain it in time, the sale or rental process can continue whilst waiting for the EPC.
If the EPC was ordered less than 14 days previously, the following should not happen:

If any of these happen without an EPC being made available, the vendor or landlord will be liable to a penalty charge.
These actions can commence when the EPC is available, or when 14 days have elapsed after it has been ordered and if all reasonable efforts and enquiries have been made, and continue to be made, to obtain it in time.

Back to top

What is the penalty charge?
In most cases, the penalty charge will be 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.
It is the vendor or landlord who will be liable for the penalty charge. However, it is good practice for an agent to inform the seller or landlord of the legal obligation and to recommend that an EPC is obtained.

Back to top

Do I need an EPC where a tenant is in occupation?
Where a tenant is in occupation before the 1 October 2008 and continues to be occupation after this date an EPC is not required. If at a later point the tenant changes, an EPC will be required to show prospective tenants. The EPC is valid for up to ten years, unless a newer EPC is produced for the property, in which case only the latter is valid.

Back to top

What is written information?
Written information covers information about the building, whether provided in paper or electronic form. It is information provided in response to a request about a building. It is our view, therefore, that brief information advertising a building for sale or let e.g. in a window or a thumbnail on a website, is not the provision of written information in response to a request.
However, a further request specifically about a property e.g. walking into a shop and asking for written information, or selecting a website link to more detailed information about a specific building, constitutes a request.

Back to top

What does make an EPC available mean?
It is our view that this means at the least:

Back to top

How long are EPCs valid for?
An EPC for a non-dwelling will be valid for 10 years or until replaced with a newer one.

Back to top

Do I need a new EPC every time I let my building?
As long as a valid EPC exists for the building, you can provide this to prospective tenants. An EPC is valid for 10 years and during this period you can provide the same EPC to prospective tenants. This EPC will no longer be valid if a newer EPC has been registered.

Back to top

Do I need a new EPC every time I sell a building?
As long as a valid EPC exists for the building, you can provide this to prospective buyers. An EPC is valid for 10 years and during this period you can provide the same EPC to prospective buyers. This EPC will no longer be valid if a newer EPC has been registered.

Back to top

Can a prospective tenant or buyer waive their right to receive an EPC?
The relevant person has a duty to make available an EPC to a prospective buyer or tenant and will be liable to a penalty charge if he fails to do so, irrespective of whether the prospective buyer or tenant purports to waive an entitlement to receive the certificate.

Back to top

Do I need an EPC if I have exchanged contracts to sell or let before the date on which the Regulations apply to my building, but have not yet completed the transaction?
The last point at which the duty to make available an EPC may be satisfied is before a prospective buyer or tenant enters into a contract to sell or rent the building ie upon exchange of contracts. The Department considers that this

is the point which determines whether or not the Regulations are in force in relation to a transaction. In this case the contract has been exchanged before the date on which the Regulations apply to the building and the duty to make available an EPC will not arise.

Back to top

What software can be used to produce EPCs?
Only software approved by Communities and Local Government can be used to produce EPCs.

Back to top

How can I check if my energy assessor is properly qualified?
The accreditation bodies ensure their members are properly qualified and competent to conduct assessments. If you wish to check the accreditation details of your assessor, you should contact their accreditation body who should be able to verify that they are accredited to practice as an energy assessor. The website www.ndepcregister.com only shows properly qualified and accredited energy assessors. You should check they are suitably qualified for the type of building being assessed

Back to top

Do I have to act on the recommendations?
You are under no obligation to act on the recommendations for energy improvements to the building. However, taking action on the recommendations is likely to improve the energy efficiency of your building, reduce your fuel bills, cut its carbon emissions and could make it more attractive to potential buyers or tenants in the future.

Back to top

What if a building is required urgently for rental and there is no time to commission an inspection?
This is permissible under the regulations if there is an emergency requiring a tenant’s urgent relocation. An EPC should be provided as soon as reasonably practicable after renting out the building.

Back to top

I’m selling a building for demolition – do I need an EPC?
If you can demonstrate the building is suitable for demolition and the resulting site is suitable for redevelopment and you believe on reasonable grounds that the prospective buyer or tenant intends to demolish the building, you do not need to provide an EPC. Generally this can be demonstrated by having the relevant planning permission or evidence that planning permission has been applied for.

Back to top