Energy Performance Certificates Made Law Today
1st October 2008
With effect from October 1st 2008, Energy Performance Certificates (EPCs) must be made available on all commercial properties to be marketed for sale or rent. Responsibility lies with owners, landlords, property developers or property managers - in short, the supplier of the property.
Despite a large-scale publicity campaign by the government leading up to their implementation, there is still some confusion regarding both EPCs and DECs (Display Energy Certificates), (DECs are from October 1st 2008 compulsory in buildings over 1,000sqm, where the building is occupied in whole or part by public authorities in institutions providing public services to a large number of people who frequently visit the building).
Solicitors representing purchasers or tenants will also be obliged by law to require sight of an EPC for the relevant property before they can commit their clients to any purchase or l ease.
There are exceptions to the general rule and these include lease renewals, lease restructuring and buildings with an area of less than 50m2. Local authorities have the power to impose fines of up to £5,000 where an EPC is required and not provided.
Similar to the energy grades provided with kitchen appliances, the A to G grading system identifies the energy performance of a building.

Where to begin?
According to the government’s own figures, there are just 40 commercially trained energy performance assessors for the whole of the UK.
Pearson Hinchliffe Commercial Law have contacted existing commercial clients nationally, to ensure they are aware of their responsibilities and to offer the services of an experienced energy performance assessor. UK Businesses that are new to the firm are also being encouraged to contact the Commercial Property team on 0161 785 3500, if they have any questions or would like further information or advice on complying with the new regulations governing the energy performance of buildings.
Contact Us
If you have any queries or questions about EPCs, DECs or any other property-related issue, please do not hesitate to contact Michael Pitt within our commercial property team on 0161 785 3500 or email: michael.pitt@pearson-hinchliffe.co.uk.