Frequently Asked Questions:
Q: When do the obligations for rented dwellings come into force?
A: 1st October 2008.
Q: Where does the 10 year validity period come from?
A: The requirement for an EPC is driven by the European Union legislation, which includes a provision that the validity period of EPCs should not exceed 10 years.
Q: Where can I find an acredited energy assessor?
A: We are fully NHER accredited or check on www.epcregister.com
Q: Can a landlord charge a tenant for the provision of an EPC?
A: It is not permitted for the landlord to charge for the provision of the original EPC. However it is permissible for a tenant who has already received the EPC to be charged for the provision of a copy document.
Q: How do I decide whether to keep the work in-house or use an external contractor?
A: This is a decision for individual landlords. A key factor to consider when choosing between in-house and external DEAs will be the size of the landlord's portfolio and expected frequency of turnover.
Q: Is it possible to amend and update an EPC without the need to commission a new survey? A new EPC might be wanted, for example, if a replacement boiler is fitted.
A: A DEA who issues the EPC would need to be satisfied that it accurately reflects the energy performance of the property. The DEA may be satisfied through means other than a full survey.
Q: Is it always the building owner who is responsible for producing the EPC? What if the building owner has no direct relationship with the tenants?
A: Where a tenant sub-lets a dwelling, the responsibility to make an EPC available lies with the sub-leaseholder.
Q: Who has access to the EPCs on the Domestic Register?
A: In broad terms, only an individual who has the unique reference number for the EPC in question, has the right to access an EPC on the Domestic Register. However, the accreditation scheme responsible for the particular EPC, the enforcement authorities and, on an anonymised basis for research purposes, the Department for Communities and Local Government will also have access to the EPCs.
Q: Are asset management databases available that can hold property specific RdSAP input data and the central register reference number in addition to the other asset details?
A: These are being developed by the market in response to a recognised need.
Q: Is it possible to advertise a property before the EPC has been produced?
A: There may be occasions when it is possible to offer a dwelling for rent before the EPC is available. However this should not be the norm. The landlord will be expected to have made contact with a DEA and commissioned the EPC with a view to receiving it within two weeks of the date it was commissioned.
Q: If an EPC is being produced when the dwelling is empty, what impact will occupying tenants have on the accuracy of the energy and environmental ratings?
A: The occupying tenant will have no impact on the EPC ratings, as these are produced using standardised occupancy data (ie number of occupants and hours of heating per day).
Q: What if the tenant wants to buy the dwelling they already occupy? Can I use the same EPC as I used when they took the tenancy?
A: If the tenant wants to purchase the dwelling they rent, the same EPC can be used. This is because it is a non-marketed sale not affected by the HIPs Regulations. An EPC is required but this can be up to 10 years old. However, if the dwelling is also being placed on the open market, the EPC must be no more than 12 months old because it is affected by the HIPs Regulations.
Q: Is an EPC needed if tenants are moving via a mutual exchange?
A: If advertised for exchange via a choice based lettings system, then an EPC will be required. If the exchange has been agreed privately than an EPC is not required.
Q: Is an EPC needed for shared ownership dwellings?
A: The first equity purchase of the dwelling creates a trigger for an EPC to be produced. The purchase of subsequent equity does not create a need for a further EPC.
Q: What happens in the case of Stock Transfer? Can we have one EPC for a whole block in that case?
A: For a stock transfer an EPC is required for each dwelling. However, it may be possible to employ techniques which will reduce the number of dwellings that need to be assessed. Separate guidance will be available on these.
Q: What happens if I need to get an EPC to advertise the property, but I am going to improve before the new tenant moves in?
A: Either explain to the tenant that improvement works were carried out since commissioning the EPC and so the dwelling's energy efficiency rating may now have changed, or commission another EPC after completion of the improvements.
Q: Will I have to issue an EPC if I have a lodger in my house?
A: A letting of a room within your larger household does not constitute a rental of a building or part of a building therefore an EPC is not required.
Q: Will I need to show an EPC to prospective residents of, for example, a care home or a boarding school?
A: These examples do not constitute a rental of a building or a part of a building. Therefore an EPC is not required.
Q: Is an EPC required under a long term Regulated tenancy where a tenant dies and a partner, member of their family or other individual is able to succeed to the tenancy under the Rent Act 1977?
A: Under such circumstances an EPC is not required.
Q: Will an EPC be needed for holiday accommodation?
A: If the agreement between the parties expressly allows for a short period of holiday occupation only and no intention to create a tenancy can be inferred, then an EPC is not required.
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