Rightmove and the other big property portals are set on a collision course with the Government over EPCs.
Although the CLG has given what it must have thought to be unequivocal advice, in a new debacle the portals are advising that they do not need to produce EPCs for their online listings, saying the advice is unclear.
The Q & A advice from CLG says:
Q. “Do the regulations also apply to electronic written particulars on internet sites?”
A: “Yes.”
The same advice defines written particulars as containing two or more of the following: photo, floorplan, room sizes or measured area of building, and, in the case of a rental property only, price.
Whilst this would take in virtually all lettings listings, which almost inevitably include both a property photo and the rental price, agents arguably would only need to leave a floorplan out of their sales particulars to be let off the hook in terms of having to show an EPC.
However, a cursory glance at a number of online listings yesterday showed that 100% of the properties for sale EAT looked at all contained, or led directly to information containing, photos, floorplans and room measurements. All, however, had the pre-April 6 EPC graphs with them, before the requirements changed. (Actually, one property didn’t have any EPC with it at all – see the link at the end of the story.)
The portals are insisting that their listings are adverts and not particulars, and EPCs do not need to be carried. However, like CLG, they are putting the onus for legal obedience totally on agents.
Rightmove has emailed all of its agents, saying that in their view, ‘the new regulations do not place any additional obligations on Rightmove, although you may wish to consider separately how the new regulations might affect your own company website’.
Yesterday evening, a Rightmove spokesman confirmed: “The new EPC requirements apply to property particulars. Rightmove is a property advertising website and the information displayed on Rightmove by all our member agents takes the form of adverts and not property particulars. This is clearly stated at the bottom of every page on Rightmove that displays details which have been provided to us by the agent about a specific property, and will continue to do so.
“We have communicated this to Rightmove member agents and it remains our view in light of the most recent DCLG statement clarifying the new EPC requirements. We do, however, understand that some member agents may wish to display the full EPC as part of the property advert on Rightmove.
“Rightmove does provide the functionality for agents to do this if they so wish, either via their datafeed provider or through a manual property upload.”
Zoopla is taking the same stand. A spokesman told EAT: “Zoopla provides a medium for agents to advertise properties, much like newspapers. It is the advertisers’ responsibility to ensure that their adverts comply with all relevant legislation.
“Our interpretation of the recent changes regarding EPCs do not require agents to include EPCs in all property advertisements which would include newspaper advertising, online ads, etc. That said, we do encourage our members to upload the full EPC report with their property adverts as this provides useful information for potential househunters.”
A spokesman for CLG said yesterday: “Where a property or letting agent intends to make more detailed information about a building available, either on their own website or another property portal, and the information provided meets the definition of written particulars, then an EPC must be provided with those details.
“The onus will be on property and letting agents to ensure that an EPC is provided with those details, not the website designer or the company who operates the property portal.
“As far as property portals are concerned, the requirements of the Regulations were circulated widely and published on the DCLG website, and Page 8 of this policy document clearly indicates that written particulars on property portals are required to display the EPC.”
Notably, Rightmove has been careful to use the wording ‘in our view’ in offering its advice, whilst Zoopla stresses ‘our interpretation’.
Even CLG has opened the doors to a field day for lawyers, prefacing its own Q & A advice as follows: “The Department is unable to provide legal advice and in any case we cannot provide a definitive interpretation of the law as only the Courts are able to do this…
“…You may need to consult the legislation itself to see how it applies in your circumstances; it is your own responsibility to ensure that you comply with the legislation. Should you require further clarification you should seek your own legal advice.”
https://www.rightmove.co.uk/property-for-sale/property-21130410.html
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Comments
What is Zoopla/DTMGs ake on this then?
Amazing! Still clear as mud.
Who would live in a country like this?
Join me, as we go...down the toilet.
So let me get this right. CLG sets the rules, but then tells agents to get their own advice on how to interpret them.
Rightmove, etc, all publish property portals but say they're not responsible for the contents. Wonder who gave them this marvellously convenient advice?
If no one wants to take the slightest responsibility, why should agents bother? As we all keep saying, it's not as though the customer cares.
Presumably an owner/occupier staying put will have to obtain an EPC when their boiler packs up otherwise how will they know whether or not they need building control consent before they have it replaced!
@Simon
Try where the sun don't shine.................
Whats an EPC?
Japan do not have them.
Try ignoring someone, and see how long it takes before they go away.
".......It's about combating climate change and global warming,......"
Agreed, but this messing about with existing residential properties in one small country will do little if anything to make an impression in a reasonable time scale on what is a World problem. After all an EPC is only required when selling or letting, they do not apply to others staying put - the majority?
In my view what is needed is
a) Instead of "forcing" one section of the public, energetically educate ALL of the public on the benefits of how to reduce emissions voluntarily, which will also save them money and also make them much more aware of the financial help available .
b) For world governments to energetically and proactively work harder to get agreement about the commercial factories and energy providers - the main producers by far of carbon - in places like China, India, Russia and South America etc.
A little boy goes to his dad and asks, "What is politics?"
Dad says, "Well son, let me try to explain it this way: I'm the breadwinner of the family, so let's call me capitalism. Your Mum, she's the administrator of the money, so we'll call her the Government. We're here to take care of your needs, so we'll call you the people. The nanny, we'll consider her the Working Class. And your baby brother, we'll call him the Future. Now, think about that and see if that makes sense,"
So the little boy goes off to bed thinking about what dad had said. Later that night, he hears his baby brother crying, so he gets up to check on him. He finds that the baby has severely soiled his nappy. So the little boy goes to his parents' room and finds his mother sound asleep. Not wanting to wake her, he goes to the nanny's room. Finding the door locked, he peeks in the keyhole and sees his father in bed with the nanny. He gives up and goes back to bed.
The next morning, the little boy says to his father, "Dad, I think I Understand the concept of politics now." The father says, "Good son, tell me in your own words what you think politics is all about." The little boy replies, "Well, while Capitalism is screwing the Working Class, the Government is sound asleep, the People are being ignored and the Future is in deep shit."
The Q & A advice from CLG was the wrong question:
Q.(Should be) “Are adverts on the internet considered to be property particularly?”
A (should be): “Of course not. As no one is interested in the EPC anyway. Anyone can seen if a properties got newish windows & a newish boiler”.
Continued pointless red tape.
What a complete waste of energy!!!
To those who make the laws (and are paid handsomely for it), the answer is ALWAYS to make more laws.
That inevitably leads to sh*tty laws.
What a fool I am. I should have realised.
Yes, yes, the EPC is designed to halt the onslaught of climate change, you know the one.. the process the planet goes through to cover our green and pleasant land with glaciers and jungles, the processes which gave us coal, mountains, lakes and valleys. Of course this must be stopped. The do-gooder brigade and government are the very people to stop this evolutionary process that cycles on regardless. EPC is the tool. Yes, yes, silly me for not spotting that.
Yes, the EPC will do this. EPC will stop the planets natural process, of course it will. What a fool I am for missing that point Oh wise Mr Lucas, I bow to your insight.
And what a fool I am for not realising that the essence of Government is not to provide the population with laws that govern society in the way society wants to be governed. How silly of me not to think that through.
Government is of course there to promote tyranny. Do the dance to the tune they play or else. Society employs these people to fiidle and fudge about with trivia. Society needs this, nay, demands this. We (society) do not care about global finance issues, our soldiers in wars they cannot win, matters of National importance. We care far more about ciggi boxes being plain wrapped or not, or if EPC's are needed. Whatever Government think up, for whatever reason, it is your duty (and mine) to do the dance. It matters not if the entire populace is against any given tune (idea). This is a privilege of power, granted to the few (votes are power). They like this power, they use it on you and me..
Do you like it? . I do..
I think all taxi drivers should have a bail of hey in the boot, I think all prams should be banned as 'no wheeled vehicle on pavement' etc.
The law is good. All laws are good, never change old laws, add plenty of new ones every year. Keep lawyers in jobs, give do-gooders reason to moan.
All of this is very healthy for society.
Keep up the good work.
Funny Friday
Quick... regulate/licence them
To begin with, I thought I'd lost the plot.
Sadly, I now realise I've lost the whole bloody library.
Can anyone, simply, tell me the best place to put these EPC's ?
Fun Boy, it's not about what's helpful to UK residents. It's about combating climate change and global warming, which is a damned site more inconvenient! This is just governments' cack-handed way of addressing it. The EPC needs (and always has needed) to be more prominent, and the message should have been put out in a far stronger way than it was.
David, the law (as far as commercials are concerned, and I assume domestic too) states that an EPC is required when a property is "in the process od being sold or let." So EPCs are required even for private , non-marketed sales and rentals.
Did anyone ask the public if they want this?
or need this?
Or is it purely the brainchild of some uni grads looking for thir claim to fame on their CV. The year they forced a whole industry to bow to their will and vision.
Whats isn't broken does not need fixing.
Go fix the water shortage problems, apply your great minds to something useful, it will be more help to the residents of the UK.
There are probably hundreds of excuses why this couldn't be achieved but here's a suggestion. Why don't DCLG run their ideas past the judiciary BEFORE spending public funds on making the changes law?
How does this affect DIY sales and rentals websites?
Don't forget that the legislation only applies to new instructions, post 6th April, so EAT may not have actually seen any new instructions in their search.
Most agents will automatically upload EPCs with their datafeed from their software provider anyway.
I say 'get over it'.