Q&As

By reference to the Energy Performance of Buildings (England and Wales) Regulations 2012 and the latest Department for Business, Energy and Industrial Strategy guidance, do you need an energy performance certificate for a listed building and as a consequence do listed buildings fall within the minimum energy efficiency requirements?

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Published on LexisPSL on 02/08/2017

The following Property Q&A provides comprehensive and up to date legal information covering:

  • By reference to the Energy Performance of Buildings (England and Wales) Regulations 2012 and the latest Department for Business, Energy and Industrial Strategy guidance, do you need an energy performance certificate for a listed building and as a consequence do listed buildings fall within the minimum energy efficiency requirements?

The Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regulations), SI 2012/3118 have been in force since 9 January 2013. They impose certain obligations upon the owners of buildings which they propose to sell or rent to third parties. They give effect to Directive 2010/31/EU of the European Parliament and of the council of 19 May 2010 on the energy performance of buildings.

It is helpful first to have in mind the definition of building for the purposes of the EPC Regulations, SI 2012/3118. By EPC Regulations, SI 2012/3118, reg 2(1), a building is ‘a roofed construction having walls, for which energy is used to condition the indoor climate’ and will generally extend to ‘a building unit in that building’. By that same regulation, ‘building unit’ means ‘means a section, floor or apartment within a building which is designed or altered to be used separately’ It will readily be seen, therefore, that it extends to any building which has some form of heating or air cooling apparatus in it which uses energy. Further, it extends to a unit in that building, which is defined as a self-contained flat or office.

The EPC Regulations, SI 2012/3118 create an obligation upon the relevant person to provide an ‘energy performance certificate’ (EPC). The relevant person is the owner of building to be sold or rented. As a

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