EPC - Energy Performance Certificates

HOME INFORMATION PACKS – NOW OFFICIALLY SUSPENDED

As of today, Thursday 20th May 2010 the duty for homeowners or agents to have a Home Information Pack (HIPs) in place before any marketing of a residential property can take place has been suspended (pending their outright abolition by primary legislation). It is no longer a requirement to have a HIP before you market a property.

The Government will, tomorrow (21st May 2010) introduce new legislation - the “Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010” which will introduce a number of new requirements relating to the provision of Energy Performance Certificates (EPC’s) including:

• a new duty on the seller to secure that an energy performance certificate (EPC) has been commissioned before marketing of the property commences where no such certificate is already available
• an EPC has been commissioned when a Domestic Energy Assessor has been instructed to prepare the EPC and the EPC has either been paid for or has given a clear undertaking to pay for it
• a new duty on the person acting on behalf of the seller (meaning the estate agent) to be satisfied that an EPC has been commissioned before commencing marketing
• a new duty on both the seller and a person acting on their behalf to make reasonable efforts to secure an EPC within 28 days
• all of the new duties carry fixed penalties where somebody fails in the duty conferred on them by the new regulations as early as possible or at least before you enter a contract for sale or rental.
• The EPC is valid for 10 years