Q&As

Does a licensor have to provide an energy performance certificate (EPC) when granting a licence to occupy? The regulations say that they need to be given to a potential 'tenant' which suggests they are only applicable for leases but the government guidance doesn't appear to deal specifically with the point.

read titleRead full title
Published on LexisPSL on 18/11/2020

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

  • Does a licensor have to provide an energy performance certificate (EPC) when granting a licence to occupy? The regulations say that they need to be given to a potential 'tenant' which suggests they are only applicable for leases but the government guidance doesn't appear to deal specifically with the point.
  • Transactions not considered to be a sale or rent

Does a licensor have to provide an energy performance certificate (EPC) when granting a licence to occupy? The regulations say that they need to be given to a potential 'tenant' which suggests they are only applicable for leases but the government guidance doesn't appear to deal specifically with the point.

Energy performance in buildings is regulated under the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118 (EPC Regs 2012) and the Building Regulations 2010, SI 2010/2214 (Building Regs 2010), which implement the requirements of the recast Energy Performance of Buildings Directive 2010/31/EU (recast EPBD directive).

An energy performance certificate (EPC) is required when an existing building is sold or rented out (EPC Regs 2012, SI 2012/3118, reg 6). The seller or the prospective landlord must make an EPC available to 'a prospective buyer or tenant' free of charge at the earliest opportunity. This can be provided electronically, where the prospective buyer or tenant consents to this (EPC Regs 2012, SI 2012/3118, regs 6, 13). A person becomes a prospective buyer or tenant in relation to a building when they:

  1. request any information about the building for the purpose of deciding whether to buy or rent the building

  2. make a request to view the building for the purpose of deciding whether to buy or rent the building

  3. make an offer, whether oral or written,

Related documents:

Popular documents