Q&As

Is an energy performance certificate (EPC) required where the property has not been placed on the open market, eg where property is being sold to a family member?

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Published on LexisPSL on 14/11/2019

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

  • Is an energy performance certificate (EPC) required where the property has not been placed on the open market, eg where property is being sold to a family member?

Is an energy performance certificate (EPC) required where the property has not been placed on the open market, eg where property is being sold to a family member?

This question raises the issue of when it is necessary to obtain and produce an energy performance certificate (EPC). The position is governed by the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118.

An EPC which is registered after 9 January 2013 must among other matters express the asset rating of the property and be issued by an accredited energy assessor. The certificate is valid for ten years unless a newer certificate is issued in respect of the same building.

Where a building is to be sold or rented out, the relevant person must make available free of charge a valid EPC to any prospective buyer or prospective tenant. The relevant person means the prospective seller or landlord as the case may be. A person becomes a prospective buyer or prospective tenant upon (a) asking for any information about the building from the relevant person or the relevant person’s agent for the purpose of deciding whether to buy or rent the building, (b) making a request to view the building for the purpose of deciding whether to buy or rent the building or (c) making an offer, whether oral or written, to buy or rent the

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