You almost certainly need no reminding … but please be aware that the changes to EPC regulations come into force in two days’ time, on Good Friday, April 6.
Under the new regulations, agents are required to take on further responsibilities with regards to the securing and presenting of EPCs for both residential and commercial buildings available for sale or rent.
An EPC must now be commissioned and secured within seven days of a property being marketed for sale or rental by the agent, with a further 21 if the EPC is proving hard to secure, and the first page of the EPC must now be attached to the property particulars.
Any agent that fails to meet these new requirements could be investigated by Trading Standards and served with a fixed penalty fine of £200 for residential properties, or more for commercial buildings.
Stephen O’Hara, chairman of trade body the Property Energy Professionals Association (PEPA), said: “The changes, while seen by some agents as onerous and unnecessary, should not be ignored.
“Those found to be in breach of the regulations will be easily identifiable and hence open to a penalty.”
In preparation for Friday’s changes, the Government has launched its new-look Energy Performance Certificate and announced that the EPC central register will be open to public inspection for the first time.
The moves were announced by CLG minister Andrew Stunell under the guise of eco-friendliness.
Notably, however, he did not tell the public that the addresses of their homes would be publicly available on the register, whether they wanted it or not.
He said the package of measures would make energy information on properties easier to understand, which if followed could help customers save money on their fuel bills.
He also emphasised that Domestic Energy Assessors will have undergone further training to ensure that the new-look EPCs – to be used from April 6 onwards – are produced to a consistently high standard and assured advice is given to prospective home owners.
He said that prospective buyers and tenants will also be given this energy information early on, to give them time to plan how they will implement some of the recommendations included.
They will also be able to compare the energy performance of their home with that of similar properties, as the National Energy Performance Certificate Register is opened up to public use for the first time.
He said that to ensure the data is as secure as possible, companies wanting to use the Register will be required to sign a licensing agreement which will include strict rules over how the data is used.
Stunell said: “The Energy Performance Certificate has proved useful in putting the efficiency of our homes at the forefront of our minds, but home owners can often struggle to know how to act on the advice it gives.
“That's why we’re giving it a complete redesign, making it clearer and easier to understand and putting the recommendations for improvements into matters of pounds and pence by showing how much consumers could potentially save on their energy bills.
“And by making the national register of Energy Performance Certificates open to the public, each home owner will for the first time be able to see how their property compares with others, and where changes could be made so their homes become as eco-friendly as possible.”
The relevant government documentation can all be found here:
https://www.communities.gov.uk/publications/planningandbuilding/changesenergyperformance
For any agents still unsure of what steps they have to take, PEPA has a set up a dedicated email resource. Agents can email any queries direct to: info@pepassociation.org
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KeyAGENT seem to have a PDF dividing solution on their website. Don't even need to register!
http://www.keyagent.co.uk/keyagent-tools
The page doesn't actually mention the EPC but using the tool sends a PDF as a first page and a JPEG image of the first page to your inbox.
This is currently solving my issues! Nice job KeyAGENT.
@DEA "We are stuck with the EU Directive "
Mmmm. Indeed. Shame the rest of the EU just ignore is - including Brussels.
Thanks BrucieG for your reply. I take your point re: the technicalities but how would this ever be obvious to anyone apart from those involved. If it’s not obvious, it can’t be enforced.
Personally, I think if we are going to have EPC's they should have a reduced shelf life which means, in most cases, any works/improvements carried out at a property would be reflected when re-marketed.
In regards to your client "Tom", technically and possibly legally your client should have a new EPC because he has made changes that would materially affect the energy and environmental efficiency.
But as a general discussion point vendors will take note of EPC's when and if the energy rating affects the sales price or saleability of their property.
The whole EPC thing is farcical.
I listed a property recently which the owner had bought two years ago, as a wreck, and completely refurbished including new double glazing and central heating. Rather than pay for a new EPC which would highlight these improvements, he opted to use the old one and save himself the additional cost.
This highlights two points. Firstly, sellers clearly don’t value EPC’s as they know buyers aren’t interested in them. Secondly, what’s the point of legislation that allows you to use an outdated EPC that’s completely inaccurate and misleading to buyers?
#nonsense
@whingeingagents
You are missing the majority of the points made in the thread completely.
The vast majority of agents accept that the legislation is in force, amended as of 6th April, and has to be adhered to. However, as an estate agent and qualified energy assessor, the legislation is flawed to a point of being impractical.
There is little point in anyone moaning about the Govt introducing regs on Energy Performance as it is an EU Directive the UK has no option but to apply. However, the DCLG have completely cocked up the implementation. A simple change to the definition of a potential purchaser would have improved the practicality of the legislation massively. I have already advised DCLG directly, many months ago, that to classify everyone who is given written particulars as a potential purchaser is ridiculous. It is like calling my 7 year old an astronaut because he has a Buzz Lightyear outfit! DCLG could have implemented legislation far more practical, which still met the EU Directive.
We now have a beggars muddle. Trading Standards cannot possibly police the legislation, and it has so many holes in it that it is just begging to be legally challenged.
All business owners will seek to offer the best service they can to their customers. If a market demands a product it will no doubt be created, and if a supplier is trying to sell a product no-one is interested in, then it is a flipping hard sell! It is a fact that very, very few buyers have any interest in EPC's as it is not a driver in the buying decision, certainly not at the point in which agents are obliged to despatch the EPC. There are rules about junk mail, but now I have to send out a piece of literature to thousands of individuals who have no interest whatsoever in the literature I am sending!
As above, we are stuck with the EU Directive and I appreciate the need for everyone to consider energy efficiency. However, this would be a non-issue if DCLG would work WITH the industry to develop practical legislation rather than attempt to force upon us such poorly tailored regulations.
Listen to you lot...
This is new regulation thats has to be adeared to. Estate Agent hate change and have to be the biggiest whiners going. JUST GET ON WITH IT and live with it!!!
Glad I left the industry to become an Assessor...
This from Landmark yesterday afternoon.
How dare CLG impose the EPC changes tomorrow when the sole supplier of the data we need will not have a solution for automated delivery of the single page in place for another three months.
Dear Customer,
The Landmark EPC Support Team has now resolved your enquiry under reference number xxxxxx.
The API will be delivered in phase 2 in June 2012. Further details will be available nearer the time.
Regards,
EPC Enquiries
The UK has a budget deficit of £126 billion.
The UK national debt is over £1 trillion.
Unemployment will soon hit 3m.
The prison population is the highest it's ever been.
Children are leaving school unable to read and write.
Hundreds of servicemen have been killed in Afghanistan.
The value of the pound has fallen by over 25%.
Immigration remains at an all time high.
The NHS continues to gobble up taxpayers money, whilst the quality of care and treatment falls.
Our roads are like those of a third world country.
So, what does this Government do? Introduce one page EPCs for written details.
ALL politicians are arseholes in dreamland.
Anyone else want a revolution?
@RightmoveAbusesAgents
You need to look at the definition of 'written particulars' to decide whether your advert or sales particulars meets the criteria.
Re who is liable, the DCLG guidance is quite clear. Ultimately it is the responsibility of the 'relevant person' i.e. the seller or landlord to provide the EPC.
It is the responsibility of the agent to make sure that there is either an EPC available, or commissioned within 7 days of marketing (then a further 21 days etc). The guidance dated 2/4/12 from DCLG clearly states that there is nothing in the legislation to prevent first day marketing, as long as the EPC has at least been commissioned before marketing commences.
Re Who decides who is liable? Trading Standards
It is all so clear 'written'
I scratched my head about this bit too.... WHO?
Who is liable for the penalty charge?
If the relevant person or a person acting on their behalf has not commissioned an Energy Performance Certificate after the 28 day period they may be liable for a penalty charge.
So!! no-one then? each blame the other? who decides?
Rightmove Abuses Estate Agents: You ask "Is internet particulars advertising?"
From the CLG guide:
Do buildings advertised for sale or rent on property portals require the Energy Performance Certificate to be attached to those details?
Where the relevant person or a person acting on their behalf intends to make information available on a website and the information provided meets the definition of written particulars then a copy of the Energy Performance Certificate must be attached to those details.
If in doubt - RTFM!
@RightmoveabusesAgents
Answer to your question seems to be covered in 2 parts of the Q&A guidance issued by DCLG. Depends on the ad you place (Does it meet the definition of 'written particulars')
Firstly
Q;Do the regulations also apply to electronic written particulars on internet sites?
A;Yes. The EPC Register Operator has provided a technical solution which will enable property agents to retrieve the EPC from the Register and to attach it to on-line written particulars. This service has been provided at the request of property agents. More detailed information for property agents is available on request at: EPC.Enquiry@communities.gsi.gov.uk
Secondly
Q; Do buildings advertised for sale or rent on property portals require an EPC to be attached to those details?
A; Where the relevant person or a person acting on their behalf intends to make information available on a website and the information provided meets the definition of written particulars then a copy of the first page of the EPC must be attached to those details.
Is internet advertising particulars? Yhey are not in print unless the person on the other end presses their own print button.
Or are 'particulars' in this legislation just 'printed' ?
Would a court decide?
This situation is ridiculous. If Landmark can set up a system to get one page out of a commercial EPC why have they not done a similar solution for the one page extraction of a resi EPC?
I will lay a bet that Landmark has had little or no steer from CLG about what would be needed for resi property details and consequently have done almost nothing about it.
Downloading the full EPC and printing off one page to attach to a normal set of details may be fine for agents taking on very small numbers of properties but larger agents need access to Landmark's api coding in order to automate their systems. Our IT department is still battling to get Landmark to understand what is needed, let alone how to do it!
Also - the CLG Guidance that a property cannot be shown to an applicant until the EPC is available should have been withdrawn by now. But of course it hasn't.
Full marks to CLG. Yet again.
Email From infraEnterprise
Call No 141632
Customer post
Forwarded At 04/04/2012 12:43
Type Domestic
Description
Dear Gill
Please find attached information regarding the Property Agents Registration Service.
The registration process for the Property Agents EPC Retrieval Service (PARS) is now available at: https://www.epcregister.com/property-agent/
Once registered and logged in, this initial release of PARS will enable property agents to:
1) Generate URLs for (and retrieve) the full Domestic EPC.
2) Generate URLs for (and retrieve) the full Non Domestic EPC.
3) Generate and retrieve page 1 of the Non Domestic EPC with the address redacted.
The latest EPB Regulations amendment is available on line at;
http://www.legislation.gov.uk/all?title=energy%20performance%20of%20buildings
With regards to attaching the first page of the particulars, this is only relevant to Non-Domestic properties when redacting the address.
The Energy Performance of Buildings (Certificates and Inspections)(England and Wales)(Amendment) Regulations 2012 state;
4. In regulation 6 after paragraph (3) insert—
“(4) Where the written particulars are made available and the address of the building is not included in those particulars, the person giving the particulars may, pursuant to paragraph (2), attach a copy of the first page of an energy performance certificate from which the keeper of the register has omitted the address of the building, notwithstanding the requirement to include the address imposed by regulation 11(1)(d)(ii).
(5) Paragraph (4) does not apply in relation to residential property.
(6) Paragraph (4) does not permit the omission of the address of the building from an
energy performance certificate in any circumstances other than those mentioned in that
paragraph.
(7) In this regulation—
“residential property” means premises in England and Wales consisting of a single
dwelling, including ancillary land.”.
Kind regards
Landmark EPC helpdesk.
**************************************************************************************************
@Jaimie Rice
Same issue with us. We can't extract page one independently and no-one seems to have an answer. Maybe we'll have to print page one off, then scan it and upload it that way. That'll be nice and easy.
@Hawkeye. One finger will surfice.
@dae
I had one who asked does that make me champion?
I do what @jt does so does that keep me at the top of the champion list?
@ross - I get them cheaper than that so stop using this forum to drum up business.
@dj & @jr this just goes to show what a shower this lot are when those providing have no idea what to do so can we all jump up and down now and say 'Ah but we can not just add the front page to comply with legislation so until legislation is changed I am therefore unable to comply so I just can not do what the law states which is perfectly clear - is states the first page and I have no authority to just add the other pages without consent from those who pay for this or need it and legislation stops me!'
I have 2 figers at the ready for the TS officer calling on me. What say you lot?
I've just been told by someone at Landmark that on residential properties agents have to attached the WHOLE epc to our printed details, or the web link on online details????
They didn't seem to know an answer to solve the agents issue with attaching the first page to our property details at all.
The first new style epc i have is secure/locked. They all are going to be apparently - so you can't extract just the first page to put onto your property details tempates. And if you print it you have to print is separately -again adding to print/paper costs.
I am now waiting for someone from my local trading standards office to call me back to see if they can help clarify it better.
Jenny, I have principally two page particulars as do most agents. So with the EPC that's 3 pages. Not practical is it??
It says you need to include the first page of the Epc with the particulars, it does not say that it needs to be on a separate sheet. Print it on the back.
Devon Agent, your epc provider should be able to give you the front page on its own.
Jules
Send them all my way we can offer good commision back to yourself
Jenny, its the practical application that's the issue. Particularly as we have to include the front page in particulars and on web etc.
I've just this morning received my first new style EPC and it is of course in one PDF. We now have to find a method to extract that front page to place it on the web etc. More time, more effort, more cost and for what!??!
I'm taking the view that we can print off the front page and attach it to particulars we send out and also attach the PDF when emailing particulars. But does this comply? Who knows? I doubt the minister does!!
If You Need Commercial EPC from £150
Contact Me by Email on epc2012@hotmail.co.uk
And i will contact you back by email or Phone
I was asked for the first time ever this week for an epc from a viewer.
Since we let 200 odd a year that's a hit rate of 1 in 1000.
Isn't it about time agents took some direct action against pointless legislation introduced by a succession of floundering governments?
I don't see the problem, when you are instructed, instruct (by email) your Epc provider.
Good post by DAE BTW.
We are very close now to the point where EVERY home in the UK needs an EPC. The implementation was pointless otherwise. So they are stepping up the pressure.
Remember, when they announce that everyone needs one, this will be the government's rationale. "Well most of the properties already have one, so what's the problem." Ditto that for ID cards.
EPC = Council Tax Supplement.
I hate that surprised look on your face when they do this.
Well said DAE. I agree completely.
Let's have a bit of common sense on this subject.
The comments in the article above are from someone who has a vested interest in increasing the take up of EPC's for their members. The comments are no different to the e-mails, I am sure we have all had, from EPC providers trying to scare us to push our Vendors towards commissioning an EPC because of the penalties.
Everyone should be trying to follow the legislation, but ultimately the agent is not the 'relevant person'. An agent COULD be fined, but far more likely is that common sense will prevail. Based on the current take up in the commercial sector, agents would be removing the majority of instructions from their portfolio after 28 days. If this came to pass the industry would close down, and that is no-ones intention.
Before everyone gets carried away, I suggest agents speak to their local Trading Standards and ascertain how they are going to police EPC's and what they expect from an agent. I have spoken with my local TS and they do not expect me to follow impractical, unenforceable legislation to a point where it will close my business. As such, we have agreed a method of operation with Vendor instructions post 6/4/12 which illustrates that
1) I have done my best to adhere to the regulations and
2) I have sufficient evidence from the Vendor to show TS that I am the right side of the rules.
Ultimately, no agent can force a Vendor to commission an EPC, nor send them a copy to attach to the sales details. The legislation, and guidance, is poorly drafted with many anomalies. However, ignoring the legislation would be a mistake. Better an agent does their best and keeps the right side of TS, and the rules, where possible.
Finally, let's keep this in perspective. Thus far I have never been asked by a potential purchaser for an EPC, nor do I know anyone who has. When I speak with TS to agree a sensible way forward, in their estimate, they believe my office will encounter maybe a couple of issues per year.
Is it a pain in the backside that some muppets at DCLG cannot draft sensible, practical legislation? Of course it is. But it will make little difference to the operation of the office of a sensible agent.
What possible use, other than marketing, could other companies other than EPC providers want with the data? I see a lot of spam letters heading our way soon.
The day the general public start choosing houses based on the epc rating only, I'll eat my hat
Just a thought...............
Much of the legislation and proposed legislation leaked recently seems to show that 1984 is arriving just a little late. Note also the 'tone' and implication used many of these proposals. Although not all, a lot of the "evidence" used is not proved beyond reasonable doubt yet it will have a huge effect on our personal lives and freedoms.
It's all about control of the serfs.
And presumably Mr O'Hara has received personal assurances from Mr Stunnell that every trading standards office is to be comprehensively re-staffed to police this?? Or should we expect snooping from EPC providers??
What a laughable bunch!!
Yippie! Happy Easter everyone