Do you feel that, as an agent, you have been given sufficient guidance about the latest changes to EPCs? We would appreciate your comments, as we feel we may need to take this further.
As background, EAT ran a small straw poll of agents at the weekend, after hitting a brick wall in our inquiries to Communities and Local Government.
Questions from us as to whether there would be further guidance – we had thought there would be a Q & A release – went unanswered.
We finally received a response on Friday, two days after the changes kicked in.
The reply said: “We have published guidance on our website and written to the National Association for Estate Agents and the Independent Network of Estate Agents to flag this up to them.”
https://www.gov.uk/government/publications/improving-the-energy-efficiency-of-our-buildings
Of course, not all agents are members of the NAEA, whilst the INEA is not a professional membership organisation at all, but a commercial marketing body.
Furthermore, the NAEA is only one of several industry bodies, and yet RICS, NALS, ARLA and the Law Society are not mentioned in the email.
According to internet forums discussing the issue, there is still considerable confusion over the changes to EPCs, including exactly what agents must display and what should appear on advertising and online listings. Even the experts have pointed out some anomalies.
However, after finally receiving our response from CLG, we asked a small number of agents whether they felt they had been sufficiently briefed on EPCs.
Only one said that he did, thanks to the fact that his agency is part of a corporate. However, he did not feel other agents were properly informed. Nor are we convinced that a corporate has been given advice that seemingly, no one else has been given – and that includes the NAEA members we asked.
Some of these agents said that they were continuing to abide by the old rules whilst awaiting clarification, and some that they were printing the actual rating in adverts but keeping the link to the EPC live. One NAEA member said that what CLG has published so far is muddling and open to misinterpretation.
Eric Walker, who was happy to be named, said he was furious about the “apathetic delivery” of the message and said the whole thing had been a shambles.
He said: “It’s appalling. It was only though EAT that these changes were flagged to staff. The link to the legislation was useful if you are prepared to dissect 17 pages of waffle.
“NAEA remains a members’ club and briefing effectively just them only serves to help them promote merits of membership: ‘Well, that’s why you should use an NAEA licensed agent’.
“Few agents complied with the last changes and how many were visited by Trading Standards? The Government didn’t listen then and now performs a U-turn, as with HIPs.
“Perhaps using TPOS database would have spread the message further. Perhaps even TDS providers.
“Advising INEA is about as effective as placing a lonely hearts ad in the Orkney Gazette.”
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Comments
INEA
Thanks KF - Im sure if we ran a dating website in the Orkneys we'd be pretty good at that too.
You've highlighted focus. INEA is for independents and our subject is estate agency. many medium and smaller agents do have trouble finding changes in regulation and legislation that MP's with Eu remits throw on our industry.
For us its a pleasure helping agents be they members or not help gain that little bit of knowledge that otherwise they might miss.
Are HIPs still around?
One thing is evident - its shows the value of EAT & LAT.
To my shame, without my newsletter, this could have passed me by completely over the festive period.
Credit where it's due.
Google 'epc regulation changes' or similar, and see on what page you find official guidance.
QED
If everyone just ignore the latest rules as they did they did the previous ones, there is nothing anyone can do about it.
So far, Trading Standards has been anonymous. Can't see what the problem is.
Has anyone tried giving away an EPC? It's not easy. I got close once, but the buyer left it on the desk.
EW says it how it is - refreshing and spot on.
It is the epitome of poor communication.
I agree - there must be a better way to communicate this issue. Surely with all the databases available, INEA is not the best way forward. What about lettings agents??
Its another Government #FAIL
Not only do my staff know nothing about it. I contacted HQ and compliance - and they said "What changes? - are you sure?"
Compliant agents comply. The rest either remain ignorant or changes or ignore them.
To quote our Local TSO - "News to me. We haven't even started with the last changes. Really, there are more pressing issues and we don't have the resources for those"
The implementation is truly woeful.
SURELY just a simple list of requirements for paper based adverts, window cards, property details and websites would be easy to communicate rather than 20 pages of mostly unrelated rhetoric. Most people would have given up before they got to the salient points
One very valid point is the one made by Eric in that without EAT, even fewer people would be aware of this issue.
Not only that. no one was complying with the rules in the last 2 incarnations, so what hope for this one.
Until there is a reason for consumers to actually care or until someone actually polices the issue, nothing will change.
As a surveyor of 20 years standing, I have never once been asked whether a property is energy efficient.
In this weekends local paper, not one agent used any form or description of the EPC in any property advert.
I have heard zip from our esteemed elected dictatorship of a government and I have only had information from this forum.
I was pleased I joined this forum club not just for the help given but also for the banter and amusing comments made by other EA's and of course Jo Public who regularly make contributions little of which is of interest other than for us EA's being able to abuse them verbally which we all love to do!
At the moment, its a box ticking exercise. Until the consumers know their rights and the benefits, it is little more than red tape and compliance.
EW is right, the whole delivery is apathetic. Rules are proposed, industry suggests amendments which are ignore, rules become law, then they are rescinded and some of the recommendations are finally accepted retrospectively.
Why can't they get them right first time. As mentioned, surely the HIPs debacle should have taught them something.
“Advising INEA is about as effective as placing a lonely hearts ad in the Orkney Gazette.”
Comic gold.
The point is that unless its spelled out to agents and consumers, the message will be ignored, especially as Trading Standards seem poorly briefed.
A clear set of guideline freely available and perhaps even advertised in the press would be simple. Tell tenants and buyers what they should expect. It's not difficult. DCLG just make it seem that way.
As for briefing just two pay to join clubs - nonsense.
@ Dave
Thanks for the comment I can assure you the steps are correct.
@ Tim
CLG or anyone else "on high" cannot come out and make a definitive statement because they are not qualified or authorised to do so. It's the same as all the doubts and debate about is it rent in advance or a deposit, or do you need to re-serve PI when a tenancy goes periodic.
And anything else where someone is pontification on Statute or Regulations.
The entire world and its wife can have a view, but in the end as you rightly if unfortunately say only a COURT can decide. It is decisions in a Court of Record - Case Law - that determine what CLG think they said or meant, not CLG themselves!!
The answer to your actual question is.......NO!
Why? because it would seem that the C&LG do not even know what is what - how about a few experienced estate/lettings agents being seconded to them?.
It's the usual shambles.
How I enjoy EWs no nonsense yet entertaining views!
Industry observer - excellent. Why can't CLG copy your excellent idiots guide?
What's the problem? If as agents we had originally been offered the opportunity of just putting Energy Rating or EPC :C on our details and adverts we would surely have been delighted. In Norfolk we have had our first series of ads in the main property supplement in the Eastern Daily Press last week and it seemed to work OK. I accept however that the information to the industry was as ususal sketchy and open to interpretation. I cannot really understand why someone on high will not come out and say "this is how you do it".
Sadly like the much more worrying new Consumer legislation to replace PMA and the loss of the legal precedent Caveat Emptor it seems even Trading Standards dont fully understand what is right or wrong and case law and the lawyers/courts will decide - which is all very well unless you are the poor bugger who gets caught!
Only 2 agents of the multitude in our local paper bothered to include EPC measurements in their newspaper adverts.
I doubt the rest are fearing a knock on the door from Trading Standards.
Hi all
Follow this idiot’s guide to handling EPCs operationally and correctly and you'll be on safe ground even if some of the necessary steps are a nuisance.
1. Commission an EPC the second you are instructed to market a property that does not already have one.
2. Be ready and equipped to show it to any prospective tenant in any format they are prepared to see it, electronically if they are happy that way. If not then you must show them the whole hard copy, but you do not have to give them a copy
3. Make sure at least the EPC rating but also the numerical value rating figure appear in all adverts. The guidelines published by CLG and ARLA (and probably others) only bang on about the letter A-G but the Regs i.e. the LAW requires the actual numerical rating as well
4. Give hard copy to the eventual tenant they are the only person entitled to one to keep. Get confirmation from them they have received it (I’d refer to it as attached to the inventory so they unwittingly sign for it)
Happy EPC commissioning!!
I am not sure the INEA will appreciate being mentioned in the same sentence as such a third-rate, amateur outfit like the NAEA.
I'm ensuring that we have an EPC (or have ordered one) and that it is sent out with email particulars and available on every file. It is of course listed as a full document online as that is easily done via the search engines.
Without clear and specific guidance, what else can you do? I'm not fearing a 'knock on the door' from Trading Standards!