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EPCs ? Issues for a Landlord to consider

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Since 1st August 2007 there has been a phased introduction of the requirement for a Seller/Landlord to produce an Energy Performance Certificate ("EPC").  Now EPCs and recommendations as to how the energy performance of a building can be improved, are to be produced (save in limited circumstances) whenever a building is constructed, sold or rented.  This also applies to separate units in a building (although in limited cases an EPC of the building as a whole is acceptable rather than the individual units).

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (the "Regulations") which introduced the requirement, confirm that the EPC and recommendation report have to be provided to a prospective purchaser or tenant free of charge and at the earliest possible opportunity.  They also provide that while an EPC will generally be valid for a period of 10 years, it will be automatically revoked if a new EPC is obtained.

As a result there are some issues that you may want to consider particularly if you are proposing to let a building or unit in a building:

These are just some points to consider when granting a lease in this new world of "greater energy efficiency".  Although they are points that could be picked up when drafting the documentation, it is advisable for as many points as possible to be negotiated in advance in order for the transaction to proceed as smoothly as possible.  If you have any queries please do not hesitate to contact any member of the property team.

Disclaimer: Anything posted on this blog is for general information only and is not intended to provide legal advice on any general or specific matter. Please refer to our terms and conditions for further information. Please contact the author of the blog if you would like to discuss the issues raised.