Note there is a transitional relief which was due to expire on 1 October but has now been extended until 4 January 2009. Under the transitional arrangements, the normal rule that an EPC must be produced to a prospective buyer or T does not apply; instead it can be produced as soon as practicable after exchange of contracts to the contracting buyer or T. However, if the property remains on the market after 4 January, then an EPC will be required immediately (ie so the building can be shown to prospective buyers and Ts).

Other points to note:

• EPCs will generally be valid for ten years;
• not all sales and lettings are affected. Government guidance says that no EPC is needed in relation to surrenders of leases, or sales under compulsory purchase schemes, or lease renewals or extensions, as well as the sale of shares in a company that owns property; and
• if the prospective seller or L believes (on reasonable grounds) that a prospective buyer or T does not have the means to proceed, or has a genuine interest in concluding a deal, then there is no obligation to provide an EPC.

Note there is a defence available if there is a failure to provide an EPC when required, provided it can be shown that the seller or L made a request for an EPC at least 14 days before the relevant time, and then made all reasonable efforts and enquiries to obtain it. Given the current shortage of energy assessors, this may prove to be important. See note in [2008] 218 Property Law Journal 2 .© Practical Lawyer