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REGULATION EPC – the heat is on


Changes to EPC Regulations come into force 6th April 2012 –The Property & Energy Professionals Association (PEPA) says agents who don’t comply risk stiff fines.


F


rom 6th April, new regulations regarding the commissioning and displaying of Energy Performance Certificates (EPCs) will be


introduced. Agents that fail to meet the new requirements could see themselves being investigated by Trading Standards and could face a fixed penalty fine. Under the Energy Performance of


Buildings Directive (EPBD) a building is required to have an EPC when it is sold or let. It is currently the responsibility of the person marketing the property (typically the agent) to ensure that this certificate has been commissioned and is presented to any prospective buyers for the residential properties they are marketing for sale. As of 6th April, this extends to commercial buildings as well as domestic rental properties, with the agent or person marketing the property becoming liable for a fixed penalty fine if they do not correctly commission and present an up to date EPC to prospective buyers or tenants. As part of the revised regulations, a new


style EPC will also be required and it will become mandatory that the first page of the EPC be attached to written particulars for all properties marketed for sale or rent. Further, Trading Standards Officers, who are responsible for investigating cases of non-compliance, will receive enhanced powers, allowing them to more effectively enforce the new requirements, issuing fixed penalty fines if agents are in breach. PEPA Chairman Stephen O’Hara said,


“It’s going to be important that all agents are fully aware of their new responsibilities. Agents must have the necessary systems in place to ensure that the new style EPCs are not only commissioned in a timely manner, but that they are monitored and followed up to ensure that the certificate has been received and is being correctly presented within a revised, shortened time period.


“While some agents may view these


Trading Standards will


receive enhanced powers to effectively enforce the new regulations.’ STEPHEN O’HARA PEPA CHAIRMAN


changes as onerous, this move could significantly improve the energy efficiency of the UK’s buildings – helping to lower fuel bills for residents and tenants while helping to reduce carbon emissions. Research by Consumer Focus and the Ideal EPBD project has found that 15 per cent of consumers will implement recommendations in EPCs, if they see the document. This highlights the importance of the EPC and the key role it can play in improving the efficiency of the UK’s buildings. We are aware that in the past some estate agents have flouted the current regulations in an attempt to secure listings. With greater powers being given to Trading Standards Officers to investigate


PROPERTYdrum APRIL 2012 53


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