Do I need an EPC?
All properties sold or let must have an EPC - even a private sale to a family member or friend. You will probably fine that either your estate agent or solicitor will inform you of this requirement. From October 1st 2008, home-owners were made responsible for the Energy Performance Certificate. So check your estate agent doesn't trip-up and potentially land you both with a £200 fine!
Can I market my home without an EPC?
Yes, but you must get one as soon as possible.
- The regulations say that you or your estate agent must have already ordered an Energy Performance Certificate before marketing commences i.e. a Domestic Energy Assessor must have been instructed to prepare an EPC for your property before it goes on the market.
- There must be a 'reasonable' expectation that the EPC will be made available within 28 days of the property first appearing on the market - i.e. when it is 'advertised' to the public or prospective buyers are contacted.
- If the EPC is not available, both the seller and the agent responsible for marketing your home, must make all reasonable efforts to obtain it as soon as possible.
What happens to the EPC?
The EPC must be made available:
- when the property is viewed, if available
- when written information is provided on request, if available
- certainly before contracts are exchanged.
- anyone has a right to ask to see the full EPC
In most cases, the two asset rating graphs from the front of EPC must be included within the sales particulars (including electronic) but it is not legally required to include them on window displays.
How long is an EPC valid for?
An EPC is valid for 10 Years so remember to keep a copy in case you don't sell your home at the moment.
Beware of unscrupulous 'professionals' telling you that the EPC has to be renewed every time the property goes on the market - it has happened! It is possible for authorised people (like Tony Carter) to get a copy of an original EPC from the national system - there is no public access to this system unless you have the 10-digit reference number from the top of the EPC.
EPC Exemptions
Some types of property are exempt from having an EPC when sold. Here are the categories:
- Properties subject to a condition limiting their use to occupation for less than 11 months per year or holiday accommodation*
- Mixed sales (eg. shop with flat)
- Non residential property
- Right to buy and similar properties
- Sales of property portfolios
- Properties not sold with complete vacant possession
- Unsafe properties and properties to be demolished
- Park homes
* Taking effect from 30 June 2011, new guidance from DCLG states that an EPC must be obtained for properties that are rented out as holiday lets for 4 months or more in any 12 month period. Holiday lets are defined as a roofed construction having walls for which energy is used to condition the indoor environment. This definition excludes caravans, tents, mobile homes etc