Policy commitment: Chris Huhne announced that the  Government will regulate to  drive-up the energy efficiency performance of the Private Rented Sector.

Legislative proposal: 

• From April 2016 landlords of residential properties will not be able to unreasonably refuse requests from their tenants for consent to energy efficiency improvements, where financial support is available, such as the Green Deal and/or the Energy Company Obligation (ECO).

• Following this, from April 2018, all private rented properties must be brought up to a minimum energy efficiency rating of ‘E’.  This provision will make it unlawful to rent out a house or business premise that does not reach this minimum standard.

• These requirements are subject to there being no upfront financial cost to landlords. Therefore, landlords will have fulfilled the requirement if they have either reached “E” or carried out the maximum package of measures funded under the Green Deal and/or ECO (even if this does not take them above a ‘F’ rating).

• The Energy Bill allows the Secretary of State to exempt certain types of properties from the Private Rented Sector requirements. These exemptions will be consulted upon as part of the secondary legislation ahead of 2016 and 2018.

Local Authorities will enforce the domestic minimum standard regulations, with the ability to impose a civil fine of up to £5000.  A Local Weights and Measures Authority will enforce the non-domestic minimum standard regulations; the level of civil penalty will be defined in secondary legislation

Background: 

The Green Deal offers the Private Rented Sector a real opportunity to improve the energy efficiency of its stock. Under the Green Deal, landlords will be able to make energy efficiency improvements at no upfront financial cost to themselves. Tenants will repay the cost of the measures through their energy bill savings, whilst enjoying warmer properties and lower energy bills. In this way the Green Deal is mutually beneficial to both landlords and tenants.

We expect landlords will respond positively to this offer, particularly as the Private Rented Sector has some of the biggest gains to be made. For example, the residential Private Rented Sector has the largest proportion of lowest-rated (EPC band G) properties of all tenures (5.8% compared with 3.4% in owner-occupier).

In the non-residential sector, approximately 62% of properties are rented. Currently around 18% of registered non-residential buildings have an EPC rating of F or G.

DECC has committed to working with the sector, in advance of regulations coming into force, to encourage take up of the Green Deal.  Landlords will be able to plan energy efficiency improvements effectively ahead of regulation, taking advantage of void periods and normal upgrade cycles.

Next Key Event:

Working with landlord organisations to unblock barriers and encourage uptake of the Green Deal ahead of the introduction of regulations in 2016 and 2018.

Chris Huhne, Energy and Climate Change Secretary, today said that by 2015 up to 100,000 Green Deal workers could be employed in the effort to upgrade Britain’s homes. Currently around 27,000 work in the insulation industry. Legislation to start the process of establishing the Green Deal is due to be introduced into Parliament next month.

The Green Deal is the Government’s new and radical way of making energy efficiency available to all, whether people own or rent their property. The work to upgrade the property will be paid back from the saving on energy bills.

Chris Huhne, visiting British Gas’ Energy Academy in Thatcham, said:

“The Green Deal’s about making people feel as warm as toast in their homes. I want Britain to say goodbye forever to leaky lofts and chilly draughts. At a time of increasing gas prices energy efficiency is a no-brainer.

“It’s also a massive economic and job opportunity which could help Britain’s economy turn the corner. With up to 100,000 green jobs up for grabs over the next 5 years, and even more in the long term, this is about growing our economy in a way that’s good for jobs, the environment and energy security.”

The Green Deal, which is expected to be available from autumn 2012, will be open to homes and businesses and will involve a 3-step process:

Step 1 – an independent energy survey of the property, giving clear advice on the best energy efficiency options, such as loft or cavity wall insulation.

Step 2 – Green Deal finance to be provided by a range of accredited providers, which will be repaid through savings on energy bills, making properties cheaper to run from day one.

Step 3 – Homes and businesses will then receive their energy efficiency package. Only accredited measures will be installed by appropriately-qualified installers, overseen by Government, giving consumers confidence that the deal they are getting is high-quality and will save them money.

The Government has also announced measures to improve the energy efficiency of the private rented sector. With Green Deal, landlords will face no upfront costs when improving their properties. The forthcoming Energy Bill will create powers allowing any tenant asking for reasonable energy efficiency improvements to receive them from 2015 onwards. It will also allow local authorities, to insist that landlords improve the worst performing homes. Whether or not we use these powers will be subject to a review.

In September, British Gas announced its plans to “go early” on the Green Deal by investing £30 million in installing energy efficiency measures in its customers’ homes at no up-front cost. Repayments from customers will be made via savings in their energy bill.

To help deliver these energy efficiency services, British Gas plans to recruit a total of 3,700 “green-collar” jobs by the end of 2012. Today, British Gas announced that it has now filled 1,000 of these “green collar” roles across insulation, in-home advice, renewable generation and smart metering.

Phil Bentley, Managing Director of British Gas, said:

“With rising energy prices, there’s never been a better time to improve the energy efficiency of Britain’s homes. That’s why we’ve worked quickly to set up the British Gas Green Deal, a £30million investment in our customers’ homes. And today, we’re pleased to announce the recruitment of our thousandth green collar worker, who will help deliver the British Gas Green Deal. In total, we aim to have 3,700 green collar workers in place by 2012.”

In the build up to the Green Deal, 3.5 million more homes across Great Britain are likely to benefit from insulation by 2012 as part of changes to the obligation on energy suppliers announced in June. As part of the changes, 15% of homes helped will be the lowest income households more at risk of fuel poverty.

As there is no power to suspend the EPC requirement, the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 have been amended to incorporate a new regulation 5A.

Regulation 5A now requires that an EPC is “commissioned” before the property is put on the market for sale (no changes are made for rented property).

Note that there is no requirement to actually have an EPC before the property is marketed. An EPC must simply have been “commissioned”. All efforts must then be made to ensure that the EPC is obtained before the end of the period of 28 days from when the property was first marketed.

…

(2) Before the property is put on the market, the seller must secure that an energy performance certificate is commissioned for the property.

(3) Before marketing the property, a person acting on behalf of the seller must be satisfied that an energy performance certificate has been commissioned for the property.

(4) The seller and a person acting on behalf of the seller must use all reasonable efforts to secure that a valid energy performance certificate is obtained for the property before the end of a period of 28 days starting with the day on which the property was first put on the market.

…

• Paving the way for ‘pay as you save’ green finance to make energy efficiency pay from day one
• Up to 7 million British households to benefit from eco upgrades by 2020
• Up to 65,000 jobs in the green home industry
• Energy companies and local authorities to join forces to help consumers
• New standards for social and rented accommodation to be proposed

With around one quarter of UK emissions coming from energy used in homes the Warm Homes, Greener Homes Strategy is aimed at cutting emissions from the UK’s homes by 29 per cent by 2020.

The new strategy will help people make smarter use of energy in homes, making it easier to take action and reduce bills. Installing some technologies, such as solid wall insulation, could see energy bills cut by £380 a year (average between 2013 and 2020).

The new strategy will also be good for jobs, with up to 65,000 jobs required in the green homes industry as a result, for example installing and manufacturing energy saving measures or providing home energy advice.

The strategy will be implemented in a three stage plan:

• To insulate 6 million homes by the end of 2011
• To have insulated all practical lofts and cavity walls by 2015
• To have offered up to 7 million eco upgrades by 2020; all homes to have smart meters.

Ed Miliband, Energy and Climate Secretary, said:

“This shows we can meet the national interest of tackling climate change and reducing our dependence on foreign energy at the same time as we help people save money.

“The Warm Homes, Greener Homes Strategy will remove the deterrent of upfront costs and reduce the hassle of the move to greener living.

“Making homes more energy efficient will help protect people from upward pressure on bills, tackle climate change, and make us less reliant on imported energy.

“New ‘pay as you save’ green finance, a new alliance between energy companies and local authorities to help people in their communities, as well as moves to encourage landlords to stop ignoring energy wastage in their properties, will help deliver the radical transformation that’s necessary.”

Communities Secretary, John Denham, said:

“Local authorities are uniquely positioned to drive and shape a low carbon economy, low carbon living and influence the kind of behaviour change that will be needed to meet the UK commitment to the 34 per cent cut in emissions on 1990 levels by 2020.

“Councils are already making huge advances on this agenda. We want all local authorities to take the lead on reducing emissions in their area. There are obvious benefits for local people both financially and in terms of quality of life and it is crucial that local authorities maximise these and involve local people every step of the way.”

John Healey, Housing Minister, said:

“The new measures announced today put the consumer in control of greening up their homes. More than a quarter of carbon emissions come from our homes, so it is vital people are able to make the improvements that will lead to smarter use of energy. It also puts social housing centre stage of efforts to reduce bills and carbon emissions to help the poorest first, with council and Housing Association landlords linking up with energy companies to get efficiency work done, and tenants getting the benefits of warmer, greener homes with lower bills.

“Today I have also announced an additional £2.5m to provide a network of Green Show Homes across England, lived in by ordinary people and open to the public. People will be able to see first hand what a refurbished green home is like to live in, and the new technologies they can use to improve the energy efficiency of their own homes and save money on bills.

“There’s a driving force behind the green homes movement with homeowners, developers and local authorities lining up to get on board. There is a lot of momentum to change and radically re-think how we track our energy use and refurbish our homes and buildings for the future. People in their own homes will get help with costs, and there will be help for private landlords and tenants, but we’re also ready to regulate in the future if landlords will not do the green refurbishment needed.”

The main elements of the Warm Homes, Greener Homes Strategy include:

Action to dismantle the financial barriers to energy efficiency

• Legislating to allow new ‘pay as you save’ green loans to be tied to the property, which will avoid the up-front cost of eco upgrades
• Help those in private rented accommodation whose landlords have little incentive to take action and who endure poorly insulated and cold accommodation.

New local approach

• Energy companies and local authorities teaming up to make homes more energy efficient – with energy companies required to help householders become more energy efficient. The new local partnership approach will take over from 2013, once the current Carbon Emissions Reduction Target ends
• Building on the Local Carbon Framework pilots announced by Communities Secretary John Denham in December, which are a new approach for local authorities to set targets and put in place plans to reduce carbon emissions.

Help to those who need it most

• Direct help to those that need it most with energy companies targeting work towards lower income groups
• A new ‘Warm Homes’ standard for social housing will see all social tenants receive free energy upgrades for their homes from energy companies, including fitted smart meters, leading to savings of up to £300 a year on bills
• Consult on setting minimum energy efficiency standards for rented property to help tenants left in poorly insulated, cold and energy wasting properties – and ensuring standards are met before they are rented out

Better information and standards for consumers

• One stop shop energy helpline for people to access trust-worthy information about how to benefit from energy efficiency measures
• New set of standards for workmanship and products to protect consumers from the threat of cowboy eco-builders and dodgy products
• A new network of eco show homes to demonstrate the range of money saving and money generating technology available
• Proposals to overhaul the scope of Energy Performance Certificates, to give householders a better understanding of what they can do to improve the energy efficiency of their homes, including an online modelling system so homeowners can do a virtual green makeover before taking action.

As part of our work with the corporate sector to promote behaviour change, DECC is funding a new initiative collaborating with a small group of leading employers to mobilise their employees to insulate their homes. Later this month, the ‘Insulate Today’ pilot programme will be launched by Aviva, HSBC and Sainsbury’s reaching around 250,000 staff members, making it easier, cheaper and more appealing for them to insulate their homes and saving them money and energy.

Today’s new strategy builds on the progress already made in making the UK’s homes more energy efficient. Between 2002 and April 2008, the Government has helped 5 million homes become more energy efficient. Government support has already been aimed at vulnerable groups including the fuel poor. Warm Front – the Government scheme for the fuel poor – has helped over 2 million vulnerable households, across England, since its inception in June 2000, including half a million households in the last two years alone.

Information via Energy Saving Trust on the Boiler Scrappage Scheme is available here

Who is eligible for the scheme?

In order to be eligible for the £400.00 voucher, a landlord or tenant must be replacing a “G” rated boiler with a new “A” rated boiler. The boiler must be in working order.

The scheme is open to 125,000 householders in England living in an owned or privately rented home. Please note:

- If you are a householder (including tenants) under 60 you can only apply for the scheme if the boiler you are scrapping is in working order and is the main boiler used to heat the home.

- If you are a householder (including tenants) and 60 or over you can apply for the scheme regardless of whether the boiler you are scrapping is in working order. However, it still needs to be the main boiler used to heat the home.

Only householders and landlords who privately own and rent dwellings are eligible to apply for a voucher. Boiler installers and manufacturers, local authority registered social landlords, and housing associations are not eligible to apply.

How can you tell if your boiler is G-rated?

A good quick test for gas boilers is to see if it has a permanent pilot light -if it has then it is very likely to be a G-rated boiler. If it is gas fired and over fifteen years old it is likely to be eligible. If it is oil fired and over twenty five years old, it is likely to be eligible.

For a better idea, why not see if your boiler make and model is listed as G-rated or worse by going to the:

- Government Boiler Efficiency Database
- SEDBUK Boiler Efficiency Database

Alternatively, you can ask your nominated installer to assist you in determining whether your boiler is eligible.

Want to register for the Boiler Scrappage Scheme?

If you believe that your home has a G-rated or worse boiler and wish to register for the scheme to receive a £400 cashback voucher towards the cost of upgrading to an A-rated boiler then firstly arrange for your nominated installer to visit and provide you with a quote.

Once you have the quote then please ensure you have the following information to hand before completing the online web form- or calling our Act on CO₂ advice line on 0800 512 012:

- Your full name.
- The address of the property you wish to claim the voucher for.
- The make and name of the boiler being scrapped.
- The company name, address and contact details of the installer carrying out the work.
- The type of replacement boiler to be installed e.g. gas, biomass.

How will payment of the £400 be made?

Once you have received your voucher, you can then proceed with the installation. You will need to pay for the new boiler and installation before you can then claim back the £400 by sending the voucher and invoice to us. If you proceed with your installation before you receive your voucher, this will invalidate your claim and you will no longer be eligible for the £400 rebate.

Payment will be issued within 25 working days of receipt of the voucher and invoice.

For more information, please click here.

The legislation governing the requirements is the The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

The DCLG (Department of Communities and Local Government) have issued useful guidance for residential dwellings which is available here

Useful commercial property guidance is available here

Residential

From 1 October 2008 sellers and landlords will be required by law to provide an Energy Performance Certificate (EPC) for all buildings or parts of buildings when they are sold or rented.

If I have a house with bedsits, must I obtain an EPC for each bedsitting room?

This will depend on the type of tenancy you grant.

Joint and several

If you grant a joint and several tenancy where all the tenants are on one agreement, then this no different to letting a normal house to a single family in legal terms. Therefore, one EPC will be required for the whole house.

Individual let rooms

If you let each room individually on separate tenancies, then according to the DCLG guidance, an EPC is not required:

“An EPC is only required for a dwelling that is self-contained, meaning that it does not share essential facilities such as a bathroom/shower room, wc or kitchen with any other dwelling, and that it has its own entrance, either from outside or through common parts, that is not through another unit.” [Page 10 Energy performance certificates for dwellings in the social and private rented sectors]

And

“Where individual rooms in a building are rented out and there are shared facilities (eg kitchen and/or bathroom), an EPC is not required. This because an EPC is only required on the rental of a building or part of a building designed or altered to be used separately. Renting a room does not meet the ‘part of a building’ definition.” [page 16, ibid]

The guidance is available here

The Guild of Residential Landlords is not entirely satisfied that this advice is correct (please see below important note), however after clarifying this advice with the DCLG, they replied by email with the following:[amember_protect levels='keywee' user_action='error' user_error='amember_error_default_user' visitor_action='error' visitor_error='amember_error_default_guest']

“Dear Mr Thompson

Thank you for your enquiry to the EPBD helpline, the response to your enquiry is as follows.

In regards to the bedsits, please refer to page 16 of the guidance document ‘Energy performance certificates for dwellings in the social and private rented sectors: A guide for landlords’.  This section includes information on houses in multiple occupancy. 

In a situation where a landlord has several tenants in bedsits in a house that has shared facilities each on their own contract an EPC would not be required.

Please note that we cannot offer legal advice, nor can any interpretation of the law that we suggest be regarded as authoritative.

If you are still unclear on what the law requires you to do, after reading the guidance that is available from CLG, we would suggest that you seek you own legal advice.

Should you require further information please call the helpline direct to discuss your enquiry further on 0845 365 2468.

EPBD Helpline tel: 0845 365 2468 email: help@epbduk.info”

Important note to above “individual let rooms”.

As suggested above, we are not entirely sure this advice is correct, although there would appear to be no reason why a landlord shouldn’t follow the DCLG advice. Our reasons for not being certain about the DCLG advice is shown below.

Regulation 5 provides:

“5.—(1) …, this regulation applies where a building is to be sold or rented out.

(2) The relevant person shall make available free of charge a valid energy performance certificate to any prospective buyer or tenant—

…“

This shows that an ECP needs to be provided in respect of a building, not a dwelling as stated in the DCLG guidance.

Building is defined in the regulations as

“building” means a roofed construction having walls, for which energy is used to condition the indoor climate, and a reference to a building includes a reference to a part of building which has been designed or altered to be used separately;”

Although the definition of building includes being designed or altered to be used separately, it does not have to be exclusively a separate dwelling. Therefore, a building is both any building which uses energy which has walls and a roof and this also includes a separate dwelling. This latter statement (it is submitted) is simply confirming that a certificate is required on a building that has been converted into separate self contained flats. However, it does not exclude bedsit type accommodation.

Therefore it is submitted, that even in a case of individual let rooms, because energy is being used in a building having walls and a roof, then even bedsits meet the definition of a building, even though they are not separate dwellings.

In addition to above, Regulation 11(7)(a) seems to be covering a scenario where an EPC has been provided by an assessor for a building on a common certification of the whole building for blocks with a common heating system. This implies that it is possible to require an EPC in a building using a common heating system.

This is not to say that an individual room requires an EPC. It is submitted that the house would require an EPC and a copy given to each prospective tenant.

The other side of the argument is that it seems unfair if a landlord is paying for the gas and electricity, what difference does it make to the tenant? However, the point of an EPC is to determine the energy used and how much carbon is emitted. Cost is not relevant to the EPC.

Commercial

From 1 October 2008 all commercial buildings will require an EPC on sale or rental or upon construction.

Selling or letting part of a building, where the building has a common heating system: If a building has a common heating system then the seller or prospective landlord can prepare(or make available) an EPC for the whole building. This EPC may then be made available for any part of the building subsequently offered for sale or let. It is also possible to prepare (or make available) an EPC for a part designed or altered to be used separately, if required.

Buildings with separate parts and separate heating systems: An EPC should be prepared (or made available) for each part of a building that is being offered separately for sale or let. The EPC should reflect the services in those part(s) being offered for sale or let. A separate EPC should be provided for any common areas that exist solely or mainly for access to the part.

Selling or letting a building as a whole: You can prepare (or make available) an EPC for the whole building, even if that building has parts designed or altered to be used separately with separate heating systems. If the building has a common heating system, the EPC may subsequently be used for any part of the building offered for sale or let.[/amember_protect]

What legislation governs the requirement of an energy performance certificate?

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

Can I get official government guidance for landlords for free?

Yes, official guidance is available here

When does providing an energy performance certificate by a landlord come into force?

1st October 2008 for residential dwellings.

6th April 2008 for commercial properties with a useful floor area over 500m2.

The above are for both England and Wales.

Where can I obtain an EPC?

Guild members can obtain an EPC at a discounted rate here

Who must supply an EPC (who is the relevant person)?

“relevant person” means – in relation to a building which is to be rented out, the prospective landlord. [r2(1)]

This means even if you are not the owner of the freehold for example in a block of flats owned by a different freeholder and you are the leaseholder, you would still be liable.

Must I provide an EPC to existing tenants?

[amember_protect levels='keywee' user_action='error' user_error='amember_error_default_user' visitor_action='error' visitor_error='amember_error_default_guest']No

If I renew a tenancy to an existing tenant must I supply an EPC?

No

Who must I supply an EPC to?

You must supply an EPC to any “prospective tenant”. A person becomes a prospective tenant when he-

(a) requests any information about the building from the relevant person or his agent for the purpose of deciding whether to rent the building;

(b) makes a request to view the building for the purpose of deciding whether to rent the building; or

(c) makes an offer, whether oral or written, to rent the building.

[r3]

When must I supply the EPC to the prospective tenant?

Whichever is the sooner of the following:-

• at the earliest opportunity
• in the case of a person who requests information about the building, the time at which the relevant person first makes available any information in writing about the building to the person
• in the case of a person who makes a request to view the building, the time at which the person views the building.
• in any event before entering into a contract to rent out the building

[r5(2)]

If I provide written particulars, must I place the certificate on the particulars?

Yes, the person giving the particulars must ensure that— the particulars include the asset rating of the building (as detailed in regulation 11) or a copy of an energy performance certificate for the building is attached to the particulars.

“written particulars” means any written description of the property which includes at least two of the following—

(a) a photograph of the building or any room in the building;

(b) a floor plan of the building; or

(c) a description of the size of the rooms in the building,

and a reference to giving particulars includes a reference to giving or making available particulars electronically.

[r6]

Are there situations when I do not have to provide an EPC?

Yes, above does not apply if the relevant person believes on reasonable grounds that the prospective tenant—

(a) is unlikely to have sufficient means to rent the building;

(b) is not genuinely interested in renting a building of a general description which applies to the building; or

(c) is not a person to whom the relevant person is likely to be prepared to rent out the building.

Nothing above authorises the doing of anything which constitutes an unlawful act of discrimination.

The relevant person must ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the tenant.

[r5(3)]

In addition to above, a building that may be demolished is exempt from requiring an EPC.

May I charge the prospective tenant for the EPC?

No, it must be made available free of charge. [r5(2)]

Must I also supply a “recommendation report”?

Yes, Where a relevant person is under a duty under regulation 5(2), … to make available or give an energy performance certificate to any person, the certificate must be accompanied by a recommendation report.

A recommendation report is a report containing recommendations for the improvement of the energy performance of the building issued by the energy assessor who issued the energy performance certificate.

[r10]

May I supply a photocopy of the EPC?

Yes [r12]

May I supply the EPC electronically?

Yes, but only if the intended recipient consents to receiving the certificate electronically. [r13]

How often must I have an assessment of my property carried out for an EPC?

Every 10 years [r11(3)(a)]

If I have a house with bedsits, must I obtain an EPC for each bedsitting room?

Please see this article

If I have a house that has been converted into self-contained flats, do I need an EPC for each flat?

Yes

What must an EPC contain?

An energy performance certificate must-

(a) express the asset rating of the building in a way approved by the Secretary of State under regulation 17A of the Building Regulations 2000;

(b) include a reference value such as a current legal standard or benchmark;

(c) be issued by an energy assessor who is accredited to produce energy performance certificates for that category of building; and

(d) include the following information—

(i) the reference number under which the certificate has been registered in accordance with regulation 31;

(ii) the address of the building;

(iii) an estimate of the total useful floor area of the building;

(iv) the name of the energy assessor who issued it;

(v) the name and address of the energy assessor’s employer, or, if he is self-employed, the name under which he trades and his address;

(vi) the date on which it was issued; and

(vii) the name of the approved accreditation scheme of which the energy assessor is a member.

[r11(1)]

Can I produce my own EPC?

Only an energy assessor may supply a landlord with a valid EPC. An energy assessor must be a member of an accreditation scheme approved by the Secretary of State. [r25]

How much does an EPC cost?

This depends on market conditions. Prices seem to be from £45.00 to £75.00

What are the penalties for failing to supply an EPC?

A penalty charge notice may be issued containing a charge of £200.00. [r43(1)(a)(i)]. This is not a daily charge, however there appears no reason why an enforcement officer could not issue a penalty charge notice each day until an EPC has been obtained.

Who are the enforcing authority?

Every local weights and measures authority is an enforcement authority for the purposes of this Part.

Is there a time limit when I can no longer be issued with a penalty notice?

Yes, an enforcement officer may not require a copy of a valid EPC after 6 months from the date you should have made an EPC available. [r39(3)].

If an enforcement officer requests a copy of a certificate, how long do I have to provide the copy?

Within the period of seven days beginning with the day after that on which it is imposed. [r39(4)]

A person is not required to comply with such a requirement if he has a reasonable excuse for not complying with the requirement. [r39(5)]

Is it an offence to obstruct an enforcement officer?

Yes, it is a criminal offence to obstruct an enforcement officer and you would be liable to a fine up to level 5 on the standard scale. [r48].

I have been unable to obtain an EPC. Are there any defences to a penalty notice?

Yes:

(1) A relevant person shall not be liable to a penalty charge notice for a breach of the duty imposed by regulation 5 (failure to provide a valid EPC) where he can demonstrate that-

(a) he made a request for an energy performance certificate at least 14 days before the relevant time, and despite all reasonable efforts and enquiries by the relevant person, he did not have in his possession or control a valid energy performance certificate at the relevant time; or

(b) in the case of a failure to make available an energy performance certificate to a prospective tenant-

(i) the prospective tenant was seeking to rent out the building due to an emergency which required the tenant’s urgent relocation;

(ii) at the relevant time the relevant person did not have in his possession or control a valid energy performance certificate;

(iii) there was insufficient time in which the relevant person could reasonably have been expected to obtain a certificate before renting out the building to the prospective tenant; and

(iv) the relevant person has given a valid energy performance certificate to the tenant as soon as reasonably practicable after renting out the building.

(2) In paragraph (1)(a) the reference to a request is to a request properly addressed to a person who usually provides or is likely to provide an energy performance certificate for the category of building in question and which includes such payment or an undertaking to make such payment as is usually necessary to obtain an energy performance certificate.

(3) In this regulation “relevant time” means the point in time by which the relevant person is required to have made an energy performance certificate available to a prospective buyer or tenant by virtue of regulation 5(2).

[r42]

Is there any requirement on a tenant to allow access to an energy assessor?

Yes …

It shall be the duty of every person with an interest in, or in occupation of, the building to—

(a) allow such access to any energy assessor appointed by the [relevant] person … as is reasonably necessary to inspect the building for the purposes of—

(i) preparing an energy performance certificate and recommendation report;

(ii) preparing a display energy certificate or advisory report; or

(iii) inspecting an air-conditioning system; and

(b) cooperate with the responsible person so far as is reasonably necessary to enable him to comply with the duty …

[r50(2)]

What does an EPC look like?

Is it possible for an EPC to be required for a garage for example?

No, it is not required for a garage or similar building because there is no energy used to condition the indoor climate.

“building” means a roofed construction having walls, for which energy is used to condition the indoor climate, and a reference to a building includes a reference to a part of building which has been designed or altered to be used separately;[/amember_protect]