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Following the staggered implementation of the Energy Performance Certificate requirements in residential properties, the Government has now turned its attention to commercial buildings and residential rental properties.
Commercial buildings of a greater size than 2,500 square metres to be built, sold or rented already require an Energy Performance Certificate before the transaction can be completed. As from 1st October 2008 landlords and sellers of all buildings will be required to provide purchasers and/or tenants with the necessary Energy Performance Certificate upon viewing, or at the latest before the exchange of contracts takes place in respect of any size of building.
Local Trading Standards Officers will enforce the Energy Performance Certificate requirements, and have the power to penalise if one not provided. Penalties for non-compliance are based upon the rateable value of the building, with a maximum fine of £5,000.
Whilst there are defences to the penalties, sellers and more particularly landlords are advised to seek professional advice to ensure their portfolio of property complies with the Energy Performance requirements.
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