Guidance for estate agents on changes to EPCs has been issued, Communities and Local Government insisted on Friday.
The department denies keeping agents in the dark and says it will be issuing further guidance, although – with less than four weeks to go – it has not said when.
CLG said that guidance was issued on March 2 - a claim which mystified the tiny handful of 'key partners' who received it on the understanding, they thought, that it was confidential.
Peter Bolton King, chief executive of NFoPP, said: “They did indeed send me, once again, details of the basic changes which are known to agents, plus details of the Landmark retrieval service which, at the time, they said were not for general circulation.”
The changes to EPCs will, CLG confirmed, be implemented on April 6 – and the new-look EPC will be released on April 1.
Regarding further guidance, CLG said: “To avoid piecemeal announcements, it is the Department’s intention to make further information available, including the Q&A guidance, with details of other changes being made to enhance and improve the energy performance of buildings regime which will also be implemented in April.”
CLG said of the advice it issued on March 2: “This guidance has been made available to key partners within the property industry for circulation to their members.”
EAT’s requests to see the March 2 guidance were turned down. A spokesman for CLG said: “We are limiting the circulation of this to property agents only, due to past abuses of the system.”
Asked by EAT if the guidance was secret, the spokesman said: “This is specific targeted guidance available to property agents to tell them how to access and use the service we have set up to enable them to attach EPCs to electronic and hard copy written particulars. We issued this several weeks ago.
“Key partners included RICS and NFoPP; these organisations have been asked to circulate the Property Agents EPC Retrieval Service guidance to their members who are property agents. However, we have also been sending this guidance out to individual property agents whose details we have.
“The guidance is not secret as such. The operator of the central EPC Register has in the past experienced misuse of its technical support services and we are keen to ensure that these are not replicated in terms of the property agents service. This is why we are restricting circulation to property agents.”
But the claim that any guidance had been issued baffled the NAEA and ARLA, who said that they had not received anything to circulate to members, and bemused individual estate agents.
The CLG statement to EAT said: “The Property Agents EPC Retrieval Service guidance issued by DCLG on 2 March provides estate agents with details of the service being provided to enable them to attach a copy of the first page of the EPC to electronic on-line written particulars to ensure the most up to date EPC is always provided directly from the EPC Register. This service has been set up at the specific request of property agents. If required, a copy of the first page of the EPC can also be printed and attached in hard copy to written particulars.
“This guidance has been made available to key partners within the property industry for circulation to their members. However, any property agent is welcome to contact us and request a copy of the guidance. A summary sheet regarding the regulatory change is also available.”
Bolton King said that about three weeks ago, he, ARLA operations manager Ian Potter, and David Dalby of the RICS residential faculty, were at a meeting with CLG to discuss the forthcoming changes to EPCs and the guidance that needed to be issued to the industry.
He said that during the meeting a number of unresolved issues were identified and were then the subject of a series of emails.
Bolton King said that what had been sent by CLG on March 2 was nothing like the guidance that had been promised and, he said, included a general advisory note first issued last November.
He said: “We were promised replies to the concerns we raised, and we are still waiting. It is appalling that as a professional body desperate to be able to give advice to our members, that we have been unable to.
“People might think we are hiding something. But we are not. We simply have not seen any sign of any guidance that we can circulate, with less than four weeks to go.”
He said important issues still need to be resolved. He said one issue concerns the definition of written particulars, particularly for rental properties, and confirmation that the changes will not be retrospective.
In a very small straw poll of individual estate agents, EAT asked whether they had seen or knew of the March 2 guidance. None had.
Nick Salmon, managing director of Harrison Murray estate agents, said: “My firm has not received any guidance from CLG. Nor has our main EPC provider. I have no idea if there are any transitional arrangements to be applied to properties already on the market with what will become an obsolete EPC and I am unsure as to whether a link to an EPC is sufficient for properties advertised on line.
“This is so typical of what we have come to expect from CLG. And it is disgraceful.”
Trevor Kent said: “I have heard absolutely nothing from CLG and I have not come across an agent who has.”
Guy Morfitt, of Morfitt Shaw, said: “We have received nothing. Quelle surprise! It is simply too late now for us to be able to comply by April 6. They just do not have a clue.”
Eric Walker, of Bushells, said: “I haven’t seen anything and know of no one who has.
“I can also safely say I know of no one who cares. I include tenants in this sweeping statement.
“We comply with the laws, but I feel the world would be a better place if dodgy agents were eradicated and less emphasis placed on how to save 50p off the gas bill.”
Meanwhile, if readers want to see how their fellow agents on the continent comply, take a look at the link below. The advert is from one of the largest agents in – of all places – Brussels.
https://www.immoweb.be/en/Rent.estate.cfm?idbien=3461264&ongletactif=10&xincludedetail=10&xgallery=gallery&mycurrent_section=Rent&xbg=N#onglet
Comments
Pboro agent
I was not calling anyone uneducated ecept the guy who called me a Fool.
My advice Get yourself a local quality DEA sit down and talk to them. Try Linked in on the Domestic EPC forum.
Changes are not massive only cosmetic, A good DEA should be able to answer all your questions.
Good Luck
I wonder what the enforcing authority - Trading Standards - have to say [ has anyone ever been prosecuted for failing to supply an EPC?].
Of course no member of the public gives a monkys about the EPC - not a penny has been spent telling them how to use them.
@John
It's all very well cutting and pasting a bunch of stuff from a website, but what we are looking for is for someone to explain sensibly how it applies in the real world.
For example, if what Pete Burnham says is correct then if for example I advertise a property in the newspaper with a picture of the property and state that the property has a 20' kitchen as a selling feature then I will have fulfilled two of the criteria for it becoming written particulars and will have to include the first page of the EPC.
We are provided our EPCs by a number of different suppliers. These are currently emailed to us and stored on hard drive in the office, currently only to be sent to a solicitor when a sale is achieved as no-one else asks to see them. It seems that this will change and that they will be stored centrally, which if "More Costs???" is correct means we will have to pay for access each time we print a set of details.
Then if the property is advertised on the internet a redacted EPC can be issued - where from? At what cost? How do we advertise a link on the websites we use? Will Dezrez do that or do we have to do something?
We are an independent agent who are not part of NFoPP or RICS, when are the CLG going to get round and inform us of what our duties are and how best to implement them? Without EAT we would be completely in the dark over this matter, we have received no guidance or notification from the CLG or Peterborough City Council Trading Standards over this and if it weren't for the excellent journalism on this site and the occasional article in the occasional trade papers we get we would likely be oblivious to the new legislation.
We are not uneducated, but neither too do we have law degrees. We are a small business working hard every day to sell homes at the best prices for our vendors, figting to keep our heads above the constant tide of red tape eminating from Whitehall.
This is very poorly thought-out legislation by those who know little of ordinary real life or marketing. It is totally unneccessary. The current requirements need only a little tweaking...
In my view and the view of many is that the EPC graph is enough in the first instance, but could have a note attached saying that a full report is available at any time on request. Further, agents, sellers/landlords should in any case be legally required to provide the EPC (or access to it) at the time of an offer being negotiated.
Prospective purchasers will always view/consider a property that interests them, EPC or not. It's human nature.
Unfortuately it is probably too late now - our Associations have been asleep on the case!
Its the law it comes in 6th April its not guidance.
Devon Agent
People like you are the reason All Agents have a bad reputation ?
Its not me who is a fool,
Is it that you are uneducated ?
7.11 Requirement for an EPC to be obtained or commissioned before a
property is marketed for sale or rent
7.11.1 Under the 2007 Regulations, the requirement to have commissioned an
EPC before marketing starts only applies to sales of domestic properties.
Enforcement Authorities have reported that they are unable to identify the
relevant person for non domestic sales and rentals and domestic rentals as
these properties are usually marketed through a third party (e.g. an estate agent
or letting agent). The amendment will change this and will ensure that an EPC
is obtained before or shortly after a property is put on the market for sale or
rent. In effect, the proposed duties will apply to others acting on behalf of the
relevant person e.g. estate or commercial agents. This will ensure better
compliance and increase the likelihood that potential buyers and tenants see
the EPC before they take a decision on whether to buy or rent the property in
question. The requirement to either have or to have commissioned an EPC
before marketing starts in all cases will also make non compliance easier to
detect and enforcement less difficult.
7.12 Requirement to attach EPC to written particulars
7.12.1 At present, for domestic sales only, the seller or person acting on their
behalf (e.g. their estate agent) is required to either attach the EPC to any
written particulars for the property or to include the EPC rating in the written
particulars. The amendments will change this so that, in future, the first page
of the EPC must be attached to the written particulars in all cases.
Sarah,
The email address where you can request the guidance is given in the next story. It is epc.enquiry@communities.gsi.gov.uk
Just reading a document put out by Landmark.
They are charging agents 50p to retrieve the redacted (without property no. or name) 1 page version of the EPC !!!
We have to open an account with them and prepay for the service.
Print costs of 10p per A4 print, then 50p per EPC on top to get the piece of crap!
This just keeps getting worse.
Just as well EAT is trying to find out for us all other wise we,d all be in the dark still!!! Can Trevor tell us the email address he used to contact the CLG as ive just looked on there site and theres loads to choose from. if we all send them emails they may begin to realise we need to know!!
@John on 2012-03-12 09:10:06
" The law is the law there are lots of guidance about if you care to look. You now what to do you just dont want to do it, so you moan and moan"
Doesn't make it a good law - or even relevant in the real world that most politicians do not occupy.
"As for saving 50p on gas ?? Time to go back and see what its really about. You sound like a complete idiot, who does not know or care what the EPC or green deal is about"
Just about everybody who is not involved in actually paying up-front to implement it.
Credit where credit's due, I had a reply from DCLG with all the (limited) info at 09.11 this morning. Can't understand a word of it mind you, and absolutely no use to tell me what to do differently from Good Friday onwards. I've asked for assurance that a proper step-by-step guide for agents is to follow very soon! Big T.
John, you're a fool. Its the law! Yes someone said that to me when HIPs came in Didn't last too long did they sweetheart?!?!
And to my fellow agents, don't lose any sleep over this, just ignore it. I'm happy for them to try and prosecute me for failing to comply. Good luck!!
Keep Calm
There's been a bit of a change of plan, that's all.
http://www.thedailymash.co.uk/news/business/government-to-become-northern-rock-201203124997/
Letter from Surrey Trading Standards.
Written Particulars
Regulation 6: Providing energy information with particulars.
The written particulars for all buildings for sale or rent must have attached to them a copy of the first page of the Energy Performance Certificate (EPC). If the address of the property is not written on the particulars, it can also be omitted from the copy of the EPC which is attached. However, the address must still be provided on the full EPC which is provided to any prospective buyer or tenant (in accordance with regulation 5(2)).
“Written particulars” means any written description of a property (including those provided electronically), which includes at least two of the following:
a) A photos of the building or room.
b) A floor plan.
c) A description of room sizes.
d) The measured area of the building.
e) Proposed rent (in the case of rental properties only).
The law is the law there are lots of guidance about if you care to look. You now what to do you just dont want to do it, so you moan and moan.
As for saving 50p on gas ?? Time to go back and see what its really about. You sound like a complete idiot, who does not know or care what the EPC or green deal is about.
I just can't believe that major estate agency representatives (NFoPP etc) have only just started kicking off about this. If they were actually representing their members fully and communicating clearly with CLG. Then surely this information would have been readily available.
And I can't believe that CLG would have had such a problem with making it public. Its hardly the iPad 5...
And who is this self important Nick Salmon chap think he is anyway? EAT continue to quote him,as some kind agency celebrity!
Walking stick and guide dog? check
Spare set for DCLG? check
Booze and lots of it? check!
Glasses? check
Invitations? check
Date? check
"Organising a P155 up in a Brewery for Dummies" Bugger!
What % of estate agent companies are members of NAEA?
CLG had the agents database for HIPS, so why can't they use that?
Do we get any free pens / giant plastic paperclips / key rings / stickers again??? I still have loads left from last time - they can have them back.
We need to be told !!!!
@TREVOR KENT on 2012-03-12 08:07:06
"....got off their bottoms and pressurised these mandarins on behalf of agents. And what about the nonsence of supported 95% mortgages BUT ONLY FOR GOVERNMENT'S PALS - THE BUILDERS?!"
This is SO right!
@FFS! on 2012-03-12 08:15:04
"Sorry but the sooner there is vote of confidence in the NFoPP exec the better."
Possibly a little strong, but some sort of vote.
After 35 years I have now resigned membership so will have no vote. Also, after nearly 40 years in the business have retired but will still have plenty to say about matters!
CLG have surpassed themselves with the lack of information to estate agents and energy assessors - the very people in the front line. As a former estate agent, turned DEA I have tried to advise my agents as to what they might expect, but really we are all in the dark, with barely 4 weeks to go. Guidance is not good enough and conventions are what are required, so all involved can get ready. As one agent commented to me, 'if this is only guidance, why should I bother!' I tried to write an informative piece for The Estate Agent magazine, but already it has had to be amended, hours before going to print. Online EPCs must not have the address included on the EPC. Agents are understandably concerned about security and potential touting of instructions. Come on CLG. Please get your act together and help those who are having this inflicted on them.
You are merely pawns in the Government's greater taxation manipulation. Please don't expect to be "kept informed".
Perhaps to Key partners are so wrapped up in their own importance that they didn't stop to think.
Confidential? with a month to go our members have a right to know this stuff, afterall it is too late to change an damn thing.
Sorry but the sooner there is vote of confidence in the NFoPP exec the better.
BIG T as always so right........BIG T for Prime Minister.
I have, this morning, emailed DCLG requesting copies of the "Property Agents EPC Retrieval Service Guidance" and the "Sumary Sheet of Regulatory Changes" as highlighted in Estate Agent Today's excellent investigative piece (this morning's second lead). I only wish that agency representitive bodies learned by past experience that leaving DCLG to do anything properly is a forlorn hope, and that they got off their bottoms and pressurised these mandarins on behalf of agents. And what about the nonsence of supported 95% mortgages BUT ONLY FOR GOVERNMENT'S PALS - THE BUILDERS?!
I have heard nothing either.