Energy Performance Certificates and Commercial Premises
The Energy Performance of Buildings Regulations 2007 requires Landlords and sellers of Commercial Buildings to provide an Energy Performance Certificate (EPC) to prospective Buyers and Tenants.
Where buildings are being constructed, the Person carrying out the construction must provide an EPC to the owner of the builder.
The regulations also place an obligation to sellers and landlords to have their air conditioning units within the building inspected by an energy assessor.
When am I required to provide an EPC?
The requirement to provide an EPC for commercial buildings has already begun. Introduction of the EPC has been phased in accordance to the size of the premises and can be seen from the table below.
Commercial buildings with more than 10,000 square metres (approximately 1000,000 square foot) when built, sold or rented | From 6th April 2008
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Commercial buildings of more than 2,500 square metres (approximately 25,000 square foot) when built, sold or rented | From 1st July 2008
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All remaining Commercial Buildings when built, sold or rented | From 1st October 2008 |
The inspection of Air Conditions Systems is also being phased and is noted in the table below.
First inspection of all existing air-conditioning systems with a cooling capacity Greater than 250 kW | Inspection required from 4th January 2009 |
First inspection of all remaining air-conditioning systems with a cooling capacity Greater than 12 kW | Inspection required from 4th January 2011 |
Do the Regulations apply to all commercial premises?
Generally, any Building that has a roof and wall will require an EPC.
Separate EPCs will be required for each self-contained unit within a building let or sold and has its own climate control within the unit. An EPC will also be required for the common areas.
However, the following buildings are exempt:
1. Places of worship
2. Industrial sites and Non residential agricultural buildings with low energy demand
3. Buildings with a total useful floor area of less than 50 square metres and are not dwellings
4. Temporary buildings with a planned time of use of 2 years or less
5. Where buildings are to be demolished by the prospective buyer or tenant
What happens if I do not comply with the Regulations?
A financial penalty is imposed for non-compliance! The penalty is calculated by:-
Multiplying the rateable value of the premises by 12.5%
However, the penalty is subject to a minimum of £500.00 and a maximum of £5,000.00
What happens if my premises have been on the market before the 6th April and 1st July?
Any premises that remain on the market after the above dates must obtain an EPC by 1st October 2008. If you subsequently sell or lease the premises out, you must obtain an EPC and provide to the tenant or buyer as soon as possible.
This is only a brief outline and if you require further assistance on how to comply with the Regulations, please don’t hesitate to contact Eileen Godfrey LL.B or Rebecca Tsang LL.B on 01405 765661.