Energy Performance Certificates for commercial properties

Nov. 19, 2008 - PRLog -- From 6th April 2008, the need for an Energy Performance Certificate (EPC) will be rolled out, in stages, to all commercial properties being marketed to the public. This requirement for EPCs, in line with the Energy Performance of Buildings Directive (“the Directive”) aims to promote improved energy performance of buildings (both commercial and residential) in the European Union.

At present, all residential properties have required an EPC from 14th December 2007 as part of a Home Information Pack (HIP).

Alistair Millar, Partner at Tallents says,
“This new legislation means, if you are the developer, owner or manager (landlord) of a residential or commercial property it will be your responsibility to meet the requirements of the Directive and obtain the EPC prior to marketing the property as any prospective buyer, or tenant, must be provided with a valid EPC and a Recommendation Report, free of charge, at the earliest opportunity.”

There are several key dates throughout 2008 that developers, owners and managers need to be aware of to ensure they meet the relevant deadlines.
•   From 6 April 2008, EPCs will be required for the construction, sale or rent of commercial properties over 10,000 square metres.
•   From 6 April 2008, EPCs will be required on the construction of all new dwellings.
•   From 1 July 2008, EPCs will be required for the construction, sale or rent of commercial properties over 2,500 square metres.
•   From 1 October 2008, EPCs will be required for the construction, sale or rent of all commercial properties not previously affected.
•   From 1 October 2008, EPCs will be required for the construction, sale or rent of all residential dwellings not previously affected.

Alistair continues,
“In addition to the key dates, there are several other things to note, for example, where the building is comprised of separate units or flats designated for separate use, an EPC should be produced for each flat or unit. However, where a building comprises separate commercial units with a common heating system, one EPC can be produced for the whole building. Also where the building is a mixed use building with a common heating system, the commercial areas of the building can be assessed on a common EPC.”

An EPC will be valid for 10 years but a valid EPC can revoked if a new EPC is issued for that building. The EPC and a Recommendation Report recommending improvements to the energy performance of the building are to be produced by an accredited energy assessor. Tallents can arrange EPCs for their clients.

Alistair finishes,
“There are several types of building that will not need an EPC but we are urging our clients to seek expert legal advice to ensure they are complying with the latest regulations as the fines for non-compliance can be heavy. The penalty charge where the building is a dwelling is £200, however the penalty charge for other buildings is between £500 - £5,000.”

For more information, contact Tallents on 01636 813411


Tallents Solicitors, 2, Westgate, Southwell
Tel: 01636 813411

www.tallents.co.uk

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ABOUT TALLENTS

Established in 1774 and with offices in Newark, Mansfield and Southwell, Tallents Solicitors services the legal needs of private individuals, company and commercial clients and farmers in North Nottinghamshire and Lincolnshire.

We still offer a personal service to our clients and our size and structure ensures that partners are never remote from our clients. We provide a full range of legal services and our expertise covers all areas of law including:
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