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An Energy Performance Certificate is needed for ‘a roofed construction having walls, for which energy is used to condition the indoor climate’. The phrase ‘condition the indoor climate’ covers ‘fixed services’ of heating, mechanical ventilation or air-conditioning (‘fixed’ means attached to the fabric of the building). Radiators are included, but the provision of hot water and electric lighting do not necessarily condition the indoor climate and therefore do not trigger the requirement for an EPC.
If there is no intention of having such ‘fixed services’ and no ability to include them (ie the space is not, and will not, be conditioned) then an EPC is not required. If the building is to be let without such fixed services, but there is an intention that fixed services will be installed, then an EPC will be necessary (see this month’s Landlord and Tenant - Commercial section). Certain buildings do not require an EPC: temporary buildings with a planned use of less than two years; stand-alone buildings (except dwellings) with a ‘total useful floor area’ of less than 50 sq m; industrial sites, workshops, warehouses and non-residential agricultural buildings with ‘low energy demand’ (this will include buildings where the air is not conditioned or fully heated/cooled); and where the building (unless it is a dwelling) is due to be demolished by a prospective buyer/T. © Practical Lawyer
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January 2009 |
