New requirements are set to tighten up rules on Energy Performance Certificates (EPCs) says commercial property agent prop-search. Whilst it is mandatory that all commercial buildings have an Energy Performance Certificate (EPC) when constructed, sold or let, the Department for Communities and Local Government (DCLG) is proposing to further strengthen the legislation - in a bid to improve levels of compliance.

Samantha Jones, a Surveyor at prop-search, says: "The DCLG (Home Buying, Selling and Energy Performance Division) has now issued a Notice indicating the changes and appropriate implementation dates."

Now, an EPC will have to be available or ordered within seven days after marketing has commenced - not the current 28 days - although there is something of a let-out clause. Trading standards officers will also then have the power to request proof from agents that the EPC has been ordered and to view the actual EPC seven days after marketing has begun. 

In addition, the full EPC, not just the summary graph, will need to be attached to all written particulars.  The option simply to include ratings will not suffice.  

Samantha Jones adds: "At present it is the responsibility of the developer/landlord/vendor to make available an EPC before a sale or letting, or face penalties for non-compliance up to £500 to £5,000. This proposed change in legislation now requires the 'responsible person' - likely to be considered the marketing agent - to make 'reasonable efforts' to ensure that the EPC is available within the seven days or be liable to prosecution."

Prop-search realises that the objective of this policy is to ensure that all prospective purchasers and tenants are provided with details of the EPC rating at the earliest possible stage - to understand its energy efficiency.  However, it considers that the requirement to put the full EPC with all marketing particulars is not cost effective and time consuming.

Samantha concludes: "It should be perfectly obvious that a low EPC rating against a higher potential rating indicates that improvements to energy efficiency could be made but surely this only becomes relevant when a purchaser becomes seriously interested in the property. To have a multi-page EPC document attached to a single page of property details is complete overkill and will waste tons of paper, printing ink, administrative time and postage charges."

Further information regarding EPCs can be obtained from prop-search - Tel: 01933 223300.