Proposed changes to EPCs have been watered down – but will not save agents on extra paper.
The requirement to attach a double-sided extract of the EPC has been amended, to just the first page of the EPC.
A source at CLG said that the change had been made in response to concerns about the original proposal.
Agents had pointed out that most particulars are produced on a double-side A4. The new requirement will still double the existing paperwork, but there will be less printing.
From next April, when the EPC is redesigned to flag up the Green Deal, the first page will also show the key recommendations and their cost implications.
In addition, the CLG source revealed that the department is working with Landmark to provide a solution that will enable agents to download copies of the EPC from the register free of charge, and without the need for them to invest in new software.
Changes to the EPC regulations were due to come into force on July 1, but the regulations failed to get clearance in time.
Although Parliament is now in recess, it is likely that the regulations will now be laid within the next few weeks, with the aim of bringing them into force on October 1.
The full proposed changes are below.
PROPOSED CHANGES TO THE ENERGY PERFORMANCE OF BUILDINGS (CERTIFICATES AND INSPECTIONS) (ENGLAND AND WALES) REGULATIONS 2007 (THE EPB REGULATIONS)
1. Summary of the changes to the EPB Regulations
The changes to the EPB Regulations can be summarised as follows:
• the changes will extend the current requirements to commission an EPC that apply to residential buildings to all residential and non residential buildings when sold or rented out;
• the requirements for the provision of an EPC with written particulars will be extended to all buildings sold or rented out and the option to attach the asset rating will be removed. The requirement will only extend to the first page of the EPC (the EPC consists of two pages, accompanied by four pages of recommendations); and
• the requirement for the statutory lodgement of air conditioning inspection reports onto the central EPC Register.
The following summary details the main changes that will be made in relation to EPCs.
2. Commissioning an EPC before marketing
A number of changes will be made to regulation 5A of the EPB Regulations. In general, the onus remains on the ‘relevant person’ (i.e. the seller or landlord) to commission an EPC before marketing. The main changes are as follows:
• the duty to commission an EPC before marketing will be extended to the sale and rent of residential and non-residential buildings;
• the current 28 day period within which an EPC is to be secured using ‘reasonable efforts’ will be reduced to 7 days;
• if after that 7 day period the EPC has not been secured the relevant person will have a further 21 days in which to do so.
3. Power to Require the Production of Documents
Trading Standards Officers (TSOs) currently have the power to require the ‘relevant person’ (i.e. the seller or landlord) to produce copies of the EPC for inspection and to take copies if necessary. The power to require the production of documents will be extended to include persons acting on behalf of the seller or landlord – e.g. estate agents and letting agents. This means, for example, that TSOs will be authorised to require estate agents to produce evidence showing that an EPC has been commissioned where they are marketing a building without one.
4 Clarifying when an EPC is required
This technical amendment to Regulation 5 is intended to remove the erroneous belief that the provision of the EPC can be delayed until shortly before the parties enter into a contract for sale or rent. This will be achieved by deleting the words “before entering into a contract to sell or rent the building or, if sooner” in Regulation 5(2)(b) of the EPB Regulations.
5. Consequential changes
A number of consequential changes will be made to enable TSOs to enforce the new duties.
6. EPC Information in Written Particulars
Currently, for residential sales only, the relevant person or his agent is under a duty to either attach the EPC to written particulars or include the asset rating on those particulars. The amendments will require the EPC to be attached to written particulars in relation to buildings sold or rented out. The option to include the asset rating will no longer apply.
The existing definition of ‘written particulars’ will be expanded to ensure that particulars produced for rented out buildings and commercial properties are captured by the new requirements.
As an exception to this requirement, provision is made to allow the person subject to the duty to provide the written particulars to omit the address of the building from a copy of the EPC where the address has been omitted from those particulars.
7. Commencement
We had aimed to bring most of these proposed changes into force on 1 July, with the exception of the change described in paragraph 6 which would have taken effect in relation to properties marketed after 1st October 2011.
It has not been possible to introduce changes on 1 July, however, and it is now our intention to bring the changes into force as soon as possible.
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Comments
And natural resources don't make countries powerful. It means they get invaded and taken over by the West.
Now lets look at the amount of Fossil fuel and energy performance certificate saves.
Oh, none. It just rates a house (nothing else) so when the goverment has enough information, they can introduce higher bullsh*t taxes for properties with less energy efficient homes.
Who's the dim one. The sheep that follows everything without reserach or the person that researches accordingly.
For Peter,
Ok, lets see how this will save the environment.
1) Millions more sheets of paper used to attach to multiple copies of every set of details for every house available.
2) The cost in petrol and everything else of delivering this tons of extra paper from the supplier to the agents.
3) The cost in petorl and everything else in providing this paper to the suppliers.
4) The cost of the energy required in chopping down trees and producing this extra paper.
5) The extra cost in petrol for DEA's to get to every house.
6) The list goes on and on.
Exactly how much "fossil fuel" do you think has been saved? You see, rather than being just another crusader that does not look past the headlines and government propaganda, do some proper research before you make assumptions.
For goodness sake lets just get Rid of EPC's!
For Lol
You are a bit dim aren't you !!
The whole point about all this is that fossil fuels (oil & gas) are running out !
Energy drives the world, what wars are fought over, what makes countries powerful and what makes economies grow. Its a transition to a low carbon economy that is the focus now, together with conservation of our existing resources.
And since the govt makes billions from taxing us on these fossil fuels, do you really think they will be putting much effort into persuading people to use other means?
Lol, yes I am focused on making money, I see no problem with that. That way, I might be able to make enough money to put a wind turbine in my garden and save the world.
Please don't assume you know me, you have no idea of my beliefs and concerns. I assume you are a nob, but it may not be correct.
For lol.
I think you'll find that the argument is not about climate change but educating the public ! Two thirds of our electricity is produced by fossil fuels. We are now a net importer of Oil & Gas to the UK. I know you don't care, that's understandable for someone who's probably fixated on making money over anything else !
Climate change is bullsh*t and will soon be another excuse for the government to make more money from taxing us (which is illegal). Manmade climate change has not been throughly proven at all. For every THEORY for it, there is an equal theory against.
If you think the government are introducing this for the good of the world. Think again.
And for any "poor vendors", see how far you get without an agent.
@Howard. I don't have a BMW, I have an Audi. Anyway, the only time a buyer has questioned an EPC was when a house was G rated (12 out of 100) and then that was irrelavent as it was an unusual design and the standard EPC model couldn't cope with the property's dual boiler system.
Can I have a toke too?
Can I have a toke too?
You guys don't get it do you. So blinkered on making a fast buck out of us poor vendors you have to be admired. Anything you perceive to get in the way of a sale is anathema (look it up) to you. Get your head out of your arses and wake up to what's happening with the environment. Without a significant shift in human behaviour and the way people are wasting energy, there won't be any oil or petrol to fill up your fancy BMWs. The EPC will become more visible as time goes on. Better get used to it.
Richard, How about this for bigger picture. I have never once been asked for this by either Vendor or a Buyer.
I suspect almost all of them would not even know what one was anyway.
@Richard. Vey ignorant to have a go at the Agents when everyone here is fully aware that it is the public that don't give a toss. They really don't care how their flat compares to a fridge. They want to know how far away the station is or whether the washing machine actually works. If you want to wake them up to ecological responsibilities then find a feasible way to do so. Don't confuse this poorly implemented bureacracy with anything other than a taxation vehicle. You may not have paid the tax yet, but please don't be so niaive. We all know what the bigger picture is.
Like so many absurdities this regulation originates from the EU, even if it has been gold plated by our own 'public servants'. Have you all signed The People's Pledge' demanding a referendum on our continured membership of the EU, or a review of our conditions for our continuing membership? If not go to www.peoplespledge.org.
Its interesting to read these EA comments. An industry which has been poorly regulated for many years now complaining like a spoilt child ! EPCs are new, and yes poorly implemented by both governments regarding public awareness. Their main purpose however is to raise awareness in energy conservation. As even EAs are aware, energy prices are rising and will continue to do so well above inflation for many years. The reason, its not purely down to Climate Change etc, but primarily due to the fact that the supply of oil & gas are becoming ever more difficult to maintain demand. This in the years to come will become an ever increasing problem due to global constraints. Now, where you believe this or not its basically a fact. And if you're not bothered or don't give a dam it'll still affect you anyway. So, get a grip, understand the concept behind the EPC and actively support it as it's going to be here for a very long time and as providing a sales service to your customers, you should have a professional duty to get your tiny little minds around the bigger picture !!!!!
Interesting point Jimmy. Now EAs are going to be responsible for a new tax because we have to comply with a law that we don't want , need or even ask for?
How silly.
Does this Government really think that all estate agents will add at least an A4 Colour sheet to every set of A3 sale particulars issued? Obviously we won't be doing that and every agent should make that clear.
Maybe the silent governing bodies should add their voice?
For letting Agents relying on paragraphs more often than full particulars, adding an A4 colour sheet is even more stupid.
Talking of Letting, why does this silly legislation refer to 'rent out' rather than Let?
Essex English or is that unfair?
When the tax does come, and it's not far away, you'll all be nodding and saying "See, I told you so. I've been posting that I knew this was coming years ago. It was obvious" And what did you do about it? Absolutely nothing. Diddelly squat. Typical. If you put EPC's on your details, don't you dare to maon when your council tax doubles. You created it.
What a complete waste of time and money !
None of our buyers are buying property based on the EPC, and none of our tenants are renting property based on the EPC.
More paperwork and red-tape. Surely there should be an online system that holds all the EPC information for all properties and on the offchance some easily excited thrillseeker wishes to actually view one of the documents they can do so via the online database ?
Does no one realise that in time to come the property will be taxed depending on how efficient it is Probrably by way of adding a charge to council tax !!!!! Thats my view anyway It will be a good idea if done that way as people will start to take note and make energy efficient improvements Thats what all this about isn't it !
@steve swann - Totally agree!
Landmark should just allow access via an easy to search system ie Address, Postcode and voila a PDF of the energy report.
They want it to be a public document easy for everyone to see - so the government should lean on the right people to make it happen and make them easier to see, even Solicitors can download them quicker this way at sale, so on and so forth....there is just no need for the additional paperwork...liek Steve says, easy search facility with some government backed advertising on where to find them (after all, its their bloody idea!)
You may as well bark into the wind.
As sure as eggs are eggs a property based carbon tax is somewhere around the corner and the EPC rating provides Government with an excellent instrument on which to base it.
,
As a European Directive drives the EPC along with the other 26 member states we are compelled to comply with the said Directive.
So, unless Government takes us out of Europe it is here to stay.
If SPLINTA want to take on Europe...good luck!
Phil, you ask whatever will they think of next? Easy, it will be either a health and safety impact assessment, or it will be a diversity awareness report on the local area.
Whichever it is you can guarantee that no buyers will show the slightest interest whatsoever, but the potential fines for non-compliance will be enough to put us out of business for not meekly bowing to the socialist/big government pet issues.
What an absolute complete waste of time and money!
Nobody, vendors or sellers could give two hoots what the EPC's say, and most still dont even know what they are!
Why should agents have to re-design their property particulars, increasing the size of paper or card needed to print them just for this? How is this good for the enviroment???
Surely if a buyer really wants to see the EPC they just ask us to email them a full copy, like they do now! - Although, like other comments I can't remeber the last time anyone asked me for a copy!
Complete government job creation if you ask me!!
@Rebel (and all others with similar understandable views and with which I do not necessarily disagree).
Question
Can you explain why the same up in arms attitude over wasted paper and publicising something for someone else does not apply to the 'leaflet' that either has to be bought from TDS Ltd, or else downloaded and printed at a horrendous ink rate usage, and be given to a tenant, when all it does is publicises and promotes TDS Ltd.
Because it is in their rules, and because scheme rules have to be complied with in order to comply with the statute, there is no choice. No evidence it was issued and you lose a dispute
If all EPC's were easily accessible to the general public perhaps via a postcode and house/flat number rather than via a complex 20 digit RRN there would be no need for any of this, perhaps Gas and Electric Certs could be available on the same site. It's not rocket science...
Absolutly unbelievable work in the industry and from what i can gather everyone who got qualified to carry out the epc's undercut each other so dont have the time todo them properly so half of them are wrong anyhow just had one come back stating electric heating and it is gas heating with a combi boiler in the loft!!!!! I cannot remember the last time I was asked for one by a buyer yet spend I dont know how many wasted hours each week casing vendors up for one?!?!?!? #whateverwilltheythinkofnext Is there not more important things to be sorting out in this country first
If my history serves prisons in the 1800’s used to make prisoners perform pointless manual labour, like smashing rocks or treading a water mill simply for the sake of it.
But in these more enlightened days the EU ban such abuse of prisoner’s rights. Instead tax payers and business people are forced to produce pointless paperwork at their own cost, wasting their own time, and then pay tax from the productive part of their day in order to pay the salaries of the people forcing them to do the pointless work. Meanwhile prisoners get free...well everything... legal help for compensations claims etc
If only the people folks in the 1800’s could see us now, and how much more of a sophisticated enlighten people we have become.
I have a solution, little box in the corner filled with 4pt text that is just about readable, takes up less space than the current EPC graph.
Sorted that one for you ;->
More envirobollocks.
Why not ask us to include other Government / EU propaganda...and make us print & deliver it to our local neighbourhoods?
These clock-watching, time-serving, superannuated, sick note, instituitionalised, public sector parasites just cannot control themselves.
This country is screwed.
no ones interested in an epc anyway i cant remember the last time anyone ever asked to see one! another load of beauracratic nonsense.