The law and those who are not producing EPC when a property is marketed for rent or sale reported the Falmouth Packet.
Since April 2008, all properties now require an Energy Performance Certificate (EPC) before going on the market for rent or sale.
The energy performance certificate gives potential buyers or tenants the opportunity to calculate their energy and environmental costs prior to signing a contract so they can consider energy efficiency as part of their decision to buy or occupy that building.
The legislation applies to both residential and commercial landlords. However Cornwall Trading Standards officers have suspected some landlords have been flouting the law by letting or selling buildings without the required energy performance certificate.
Following a ‘desktop survey’, officers from the local authority have compiled a list of 120 commercial properties without a commercial EPC, that are being marketed through the local press in the county.
Landlords who do not comply with the rules face a fine of up to £5,000 based on the rateable value of the building, however Trading Standards officers intend to contact landlords and sellers who are marketing without an EPC with a 28-day warning first.
Cornwall Trading Standards officer, John Tutchier, said: “There appears to be a trend for delaying the provision of an EPC until the last possible opportunity or, in some cases, for not providing one at all. Not having an EPC and marketing a property for sale or rent is against regulations and landlords who do so may be served with a penalty charge notice.”
“Commercial landlords should already be aware of the requirement for a commercial EPC. There has been extensive publicity and a wealth of resources exists to advise and inform as to the requirements. Trading Standards will answer any query relating to enforcement and compliance that people wish to raise.”
“Landlords of residential properties range from individuals with single homes to large operators with multiple homes for rent. For residential properties, the legal obligations are the same whether you own one or many properties. They simply have to obtain a domestic EPC at the earliest opportunity for any property they are going to offer for rent.”
“From an enforcement perspective, the situation is clear: If a property is marketed, then an EPC must be provided at the earliest opportunity.”
Source: Falmouth Packet
In Scotland the legislation came into force in January 2009.