Date:  12 February 2009

ENERGY PERFORMANCE CERTIFICATES FOR COMMERCIAL PROPERTY

Transitional Provisions come to an end

Under The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 transitional provisions were introduced in March 08 to the effect that a landlord’s or seller’s duty to provide an EPC for a commercial property would be discharged so long as provided to the buyer or tenant before exchange of contracts.

Those transitional provisions were intended to come to an end as from 1st October so that as from that date the landlord or seller would need to provide the EPC at the earliest opportunity and absolutely no later than exchange.

New Regulations were brought in to extend the life of the transitional provisions in respect of non domestic property until 4th January 2009.

Clearly that date has now passed and the transitional provisions are at an end.

The position therefore is that as from the 5th January 2009 an Energy Performance Certificate is required for most buildings to be constructed, sold or rented.  The seller/landlord needs to provide a certificate at the earliest opportunity.  At the latest, an EPC is required by the time a prospective buyer/tenant asks for further particulars or views the building.

Does your transaction need an EPC? We can advise and if you are a landlord or seller we can help you find an appropriate inspector if you do not have one.

Please contact Clive Vernon or Roger Williams for assistance.