Q&As

What is the risk to a tenant if the landlord fails to produce an EPC on or before completion of a lease of commercial premises?

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Produced in partnership with Christopher Snell of New Square Chambers
Published on LexisPSL on 22/08/2017

The following Environment Q&A produced in partnership with Christopher Snell of New Square Chambers provides comprehensive and up to date legal information covering:

  • What is the risk to a tenant if the landlord fails to produce an EPC on or before completion of a lease of commercial premises?
  • The obligation
  • Potential consequences for tenants

The key regulations that govern energy performance certificates (EPCs) are the Energy Performance of Buildings (England and Wales) Regulations 2012 (EPC Regs 2012), SI 2012/3118 and the Building Regulations 2010, SI 2010/2214, which implement the requirements of the recast Energy Performance of Buildings Directive 2010/31/EU, (recast EPBD Directive). EPC Regs 2012 apply to all buildings across England and Wales.

Under the regulations an EPC is required:

  1. when an existing building is sold or rented out

  2. when a building under construction is finished, or

  3. after refurb

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