Sunday 9 November 2008

Commercial EPC legislation

This relatively new energy efficiency initiative is the result of European legislation - the Energy Performance of Buildings Directive (EPBD) - which all member states must adopt.

The phasing-in of the EPBD measures that is related to commercial EPC legislation is provided in the table below:

1) 4th January 2011 First inspection of all remaining air-conditioning systems over 12 kW must have occurred by this date (TBC).

2) 4th January 2009 First inspection of all existing air-conditioning systems over 250 kW must have occurred by this date (TBC).

3) 1st October 2008 all domestic properties when sold, built or rented will need an energy performance certificate(EPC). Public buildings will also need Display Energy Certificates (DEC's). Commercial EPC legislation - Commercial buildings (with a floor area < 2,500m2) marketed for sale or let it will not require an EPC straightaway. - However it will require an EPC by either the date that the building is sold or rented or by the 4th January 2009 (which ever is sooner). If the commercial building has a floor area >2,500m2 and is marketed for sale or let it will require an EPC immediately.

4) 1st July 2008 EPC's required for the construction, sale or rent of buildings other than dwellings with a floor area over 2,500 m2.

5) 6th April 2008 EPC's required on construction for all dwellings also.EPC's are required for the construction, sale or rent of buildings other than dwellings with a floor area over 10,000 m2.

Commercial EPC legislation non-compliance will result in a penalty. The indications are that this may be based on 12.5% of the rateable value of the property in question, with a minimum of £500 and maximum of £5,000. An additional cost will need to be accommodated for a compliant commercial EPC. Under the commercial EPC legisaltion a commercial EPC is valid for 10 years unless the property is let or sold.

The penalty is £500 for failing to display a DEC at all times in a prominent place clearly visible to the public and £1,000 for failing to have possession of a valid advisory report. In addition to these penalties, it is still necessary to commission the documents. The DEC is valid for 1 year.


Under current commercial EPC legislation an EPC is not required on the following exempt premises:

On lease renewals or extensions that were in place prior to 1st October 2008
Places of worship
Stand alone buildings less than 50 square meters
Properties with consent to be demolished within a 2 year period

For more information visit : www.syntegra-epc.co.uk