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Written by rosalind renshaw

Changes to EPC regulations due to kick in next week on January 9 have been largely welcomed by agents but branded irresponsible by furious energy professionals.

Meanwhile, expected Q & A guidance to help agents (both sales and lettings) has still not been issued.

Our understanding is that the EPC rating (and only the rating) must appear on all property advertising including the internet, although the wording we so far have from the Government does not stipulate this.

It says: “From 9 January 2013, when a building or building unit is offered for sale or rent, the asset rating of the building in the EPC must be stated in commercial media where one is available.

“This would include, but is not restricted to, newspapers and magazines, written material produced by the seller, landlord or estate or letting agent that describes the building being offered for sale or rent or the internet. This will increase transparency and provide the public with information about the energy efficiency of the building.”

EAT understands how frustrating this is for agents, and will continue to chase for precise information. A link to the guidance that has been issued so far is at the end of this story.  
 
Meanwhile, energy experts warn that compliance among agents, already low, will fall further and that local authorities will not bother to police it.

They have also accused the Government of watering down its earlier plans to meet EU requirements
 
Members of the Property Energy Professionals Association (PEPA) said that the changes, announced out of the blue shortly before Christmas and giving agents little time to prepare, will impact significantly on the way in which EPCs and Display Energy Certificates (DECs) are commissioned and presented.

The changes require all estate and letting agents to show the EPC ratings in property particulars, advertising and internet listings. However, graphs will no longer be mandatory and the requirement to attach the first page of the EPC is dropped. Listed buildings will be exempt from having to have EPCs.

Meanwhile, public buildings over 500 sq metres in size will now be required to have a DEC, but only updated every ten years. Commercial buildings frequently visited by members of the public and which are over 500 sq metres will be required to display an EPC if they already have one.

Stephen O’Hara, PEPA chairman, said: “These latest changes announced by Government make a total mockery of David Cameron’s pledge to be the greenest government ever. The changes have effectively watered down the Government’s previous commitment to meet the targets set out by Europe and demonstrate a total lack of understanding of the value EPCs and DECs can offer both consumers and businesses.”
 
Andrew Warren, director of the Association for the Conservation of Energy, said: “The Coalition Government has just published a strategy to make energy efficiency – particularly in buildings, ‘at the heart of a low carbon economy’. 

“I defy anybody to demonstrate how these latest proposals help achieve that objective. Instead they overtly hinder them. 

“I fail to see why we are adopting such a slavishly literalistic interpretation of the European rules, rather than building upon these requirements to provide people with helpful rather than complex instructions.”
 
He went on: “The Government has never seriously invested in promoting EPCs and highlighting the valuable energy- and money-saving advice which they contain. As such, the awareness of EPCs among the public is poor, with very few really aware of what the document contains and how it can be used to help reduce carbon emissions, and as a result, fuel bills too.
 
“Further still, the new guidance does nothing to address the seriously high level of non-compliance which has been rife since the EPC was first introduced.

“Trading Standards Officers are not fulfilling their duties to ensure that EPCs are correctly commissioned when a property goes up for sale or let, and this needs to be addressed.

“Last year we released figures, secured following a request under the Freedom of Information Act, which clearly showed that the Government is allocating £1.9m of taxpayers’ money each year to assist local authorities in ensuring compliance, but these funds are not being tracked.

“By failing to track how this money is being spent by individual authorities, central government has no way of identifying how these funds are being used or which local authorities are failing in their duties.”
 
PEPA confirmed that under the new guidance, agents are no longer required to attach the front page of the EPC to property particulars. While all property adverts will now be required to show the EPC rating, there is no longer any requirement to show any of the graphs.

PEPA also confirmed that listed buildings are no longer required to have an EPC when they are put up for sale or rent.
 
O’Hara said: “To remove the need for an EPC for listed buildings makes no sense. Changes often suggested in the EPC, such as the use of low-energy lighting, the installation of a new boiler or loft insulation, would have no impact on the fabric of a building, yet could significantly improve its energy efficiency.
 
“The changes announced have treated EPCs and DECs as an unwelcome result of European bureaucracy, as opposed to the value-adding information tool they are supposed to be – helping consumers, business and the public sector to reduce energy consumption and at the same time, lower fuel bills.”

https://www.gov.uk/government/publications/improving-the-energy-efficiency-of-our-buildings

Comments

  • icon

    Hawkeye - WTF?

    I WANT to comply with Law - I just want the people who passed it to be kind enough to tell me what it actually is!

    IO makes some great points - you dont. Define waste of space.

    • 02 January 2013 17:49 PM
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    My interpretation of the text is that any property details, internet adverts, newspaper ads etc only have to make reference to the energy rating for the property (i.e. This property has an energy rating of "C")

    The guide states that "From 9 January 2013 all sales or lettings advertisements in the commercial media should show the EPC rating of the property being advertised. There is no requirement to display the full certificate but where there is adequate space, the advertisement should show the A-G graph. However, it is recognised that this will not always be possible. In such cases the advertisement should include the actual EPC rating of the
    property (for example C)."

    • 02 January 2013 16:57 PM
  • icon

    Hawkeye never shoot the messenger.

    I agree this is all a complete shambles and as usual guidelines are in conflict with Regs. Not the first time on EPCs or indeed other subjects. Meanwhile:-

    1. Get some manners while I get a life

    2. Read the latest guidelines in detail, all of it, and the original Regulations, then make sensible comments

    3. The latest guidelines specifically make it clear that the whole EPC has to be attached to any written property particulars issued to buyers or tenants, and above all that the WHOLE EPC must be issued on viewings.

    4. No more just attaching first pages, though by implication and being silent and not prohibiting it electronic display on initial viewings is still possible

    5. The latest guidelines allow very limited marketing without the EPC but only if it has already been commissioned. What they do not allow is particulars to be given out without the EPC attached or viewings conducted without being able to issue the whole EPC.

    6. To ALL prospective buyers or tenants - the concession to just show it to prospects and only actually issue it to the eventual buyer/tenant no longer exists. probably a CLG oversight but it ain'ty in the latest guidelines.

    7. The property can be advertised in terms of marketing, but not viewed. That in effect is what the latest guidelines say

    Read again - the devil as always is in the detail (on that basis on the evidence of your post you need to change name by the way!!!)

    • 02 January 2013 16:29 PM
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    @Dave so why not shut it and then we will be able to maintain the 'defence' as you so put it.

    Last week it was interpreted as the result of the Energy Performance. I can go with the result as it is just as much gobldegoop and costs less on print and paper.

    @IO if you have no details on viewings why do you want to hand over a complete EPC? I think you are a complete waste of space as you do not understand the Industry you so regularly say you observe. Get a life will you.

    • 02 January 2013 16:13 PM
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    Over 1000 reads and the general view from industry is "A total mess"

    Come on DCLG - SPELL IT OUT - your inability to make clear simple rules offers all agents a defence.

    • 02 January 2013 12:38 PM
  • icon

    What a complete mess - as usual!

    • 02 January 2013 12:22 PM
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    From the regs:

    This really clarifies things..... :)

    Page 17 - annex A


    Q. Is it possible to advertise a property before the EPC has been produced?

    A. There is nothing to prevent a dwelling being advertised for sale or rent before the EPC is available. However, the landlord/seller will be expected to have made contact with a domestic energy assessor and commissioned the EPC
    with a view to receiving it within one week of the date it was commissioned.

    • 02 January 2013 11:25 AM
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    "PEPA confirmed that under the new guidance, agents are no longer required to attach the front page of the EPC to property particulars"

    This is correct and if you read the latest guidelines it means the FULL EPC has to be attached instead of just the first page!!!

    And on viewings

    Am I the only one to have seen this so far?!! As I said last week (or was it last year?!) these latest guidelines are one step forward and all rejoiced the first page no longer needed to be attached.

    But all the latest guidelines refer to is the full EPC, so that is what must now be attached and shown on viewings.

    Progress? Why would agents welcome this as per the first sentence in the article?

    • 02 January 2013 11:10 AM
  • icon

    Wow! Look at the time it's nearly 9 and no posts yet. Just shows our contempt for this load of drivel and how little we care.

    • 02 January 2013 08:52 AM
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