The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2014 (SI 2014/880) (2014 Regulations) came into force on 6 April 2014. The 2014 regulations most importantly introduce fines for certain specific breaches. While not all the fines or breaches are listed below, I have set out two which we believe will most commonly affect landlords, tenants and those marketing property.
Penalty charge for failure to display EPC in commercial buildings visited by the public
A £500 penalty charge has been introduced for the failure to display an EPC in commercial buildings over 500 square metres in size which are frequently visited by the public. The 2014 regulations do not clarify who is bound by this duty although we do expect that it will be the owner of the property unless such obligation falls on the tenant under the terms of their lease.
Penalty charge for failure to include the energy performance indicator in property for sale or rent
A £200 penalty charge has been introduced for failure to include the energy performance indicator (A-G) in advertisements of property for sale or rent. Again, the 2014 regulations do not clarify who is bound by this duty but it seems reasonable to assume that it will include the person placing the advertisement and possibly also the person whose property is being advertised.
By Kate Bullen, Partner in the commercial property team
For more information on Energy Performance Certificates contact Kate Bullen by email: firstname.lastname@example.org