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An Energy Performance Certificate is now needed for virtually all commercial
premises. Prior to 6 April it was only buildings with a total useful floor area of
more than 10,000 sq m that were covered; in July that was reduced to 2,500
sq m, and as from 1 October all other commercial premises are now covered
(other than those of less than 50 sq m). The key point is that L must make
a valid EPC available at the earliest opportunity and no later than (i) when
any written information concerning the building is provided in response to a
request for information received from a prospective T; (ii) when a viewing is
conducted; or (iii) before entering into a contract to sell or let.
What is the penalty for failing to make an EPC available? The simple answer is
that it will normally be fixed at 12.5% of the rateable value of the building (from
a minimum of £500 up to a maximum of £5,000). If there is no rateable value
then the fine is assessed at £750 (note that it is LAs, usually through their trading
standards officers, who are responsible for enforcing the 2007 Regs).
There is a provision that allows for premises to be let in an emergency without
there being an EPC. However, L will have to show that the prospective T
sought to rent the building following an emergency that required T’s urgent
relocation, and that there was insufficient time in which L could reasonably
have been expected to obtain an EPC before renting the building. In any event,
L will still have to give a valid EPC to T as soon as is reasonably practicable
after T occupies the building. See [2008] EG 23 August 71.© Practical Lawyer
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October 2008 |
