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March 31st 2008 - Commercial Property Edition

The Energy Performance of Buildings (Certificates and Inspections)
(England & Wales) Regulations 2007

By Matthew Neiland

I discussed this topic with my 3 year old and he didn’t find it an exciting subject. However it is
important. These regulations are already in force in relation to homes. As from the 6 April you will need an Energy Performance Certificate (EPC) for commercial buildings over 10,000 square metres when you sell or rent it out. This same rule will be applicable to commercial buildings that you sell or rent out from 1st July 2008 where the building is over 2,500 square metres and will be applicable to all commercial buildings on sale or rent from 1st October 2008. An EPC will be needed in relation to the construction of all commercial buildings from the 6th April 2008 regardless of size

What do they look like?
They are similar to the labels that you get with domestic appliances now such as refrigerators and washing machines. The EPC will record how energy efficient a property is as a building.
 
There will be an energy rating and a carbon emissions
rating on the EPC from A to G.

When do you need to get one? -
whenever a building is constructed, sold or rented out.
They are valid for 10 years.

On Construction
the builder or person responsible for the construction
will have the responsibility for obtaining the certificate.
Please note that obtaining a certificate will also be necessary when a building is converted into fewer or more units and there are at the same time changes to the heating/hot water or air conditioning.

On Sale
The builder’s owner is responsible for ensuring that an EPC is made available to all prospective purchasers. Please note that a lease assignment would be considered to be a sale and the assignor should normally provide the EPC.

On Rent
The landlord will be responsible for ensuring a valid certificate is provided to prospective tenants.
For more information - contact Matthew Neiland at Bradley and Jefferies Solicitors on 01332 221722