The EPB Amendment No 2 Regulations
2008 came into force on 01 October 2008. The new Regulations
have a threefold effect:-
1.EPCs included in HIPs will now be valid if issued no earlier
than three years before the first point of marketing the building.
2.Under the transitional provisions, a commercial property that
has been put on the market before the relevant commencement date
will, in specified circumstances, not need an EPC until 04 January
2009 or the date it ceases to be on the market (whichever comes
first)
3.Changes to the rules dealing with disclosure and notification
of EPCs and carbon dioxide emissions information.
The changes in more detail
1.HIPS
Under the EPB Regulations 2007: When a building is sold or let
the Seller or Landlord must provide any prospective Buyer or
Tenant with a valid EPC at the first earliest opportunity and
EPCs must be included in HIPs (Regulation 5). An EPC included
in a HIP was valid if issued no more than 3 months before the
point of first marketing the property (Regulation 11)
Under the EPB Amendment 2 Regulations 2008: EPCs included in
HIPs will be valid if issued no more than 3 years before the
point of marketing the property.
2.Commercial Properties
Under the EPB Regulations 2007 and EPB Amendment Regulations
2008:
Under the EPB Regulations 2007 and the EPB Amendment Regulations
2008 the requirement for EPCs was being phased in so that it
would apply to all properties, including commercial properties,
by 01 October 2008.
Under the EPB Amendment 2 Regulations: Transitional Provisions
for commercial properties are to be introduced such that an EPC
may not be required if
(a) it is on the market at the Relevant Commencement Date with
the intention of selling or letting before that date
(b) it remains on the market at the Relevant Commencement date
The Transitional Provisions will cease to apply and therefore
an EPC will be required on the earlier of 04 January 2009 and
the date it is taken off the market.
3. Notification and Disclosure
A. Existing Properties
Under the EPB 2007:
Disclosure of the contents of an EPC report was an offence except
in a number of limited circumstances. Naturally, among the permissible
disclosure, disclosure legitimately connected with a prospective
buyer’s or tenant’s decision whether to buy or rent
the building this was permitted.
Under the EPB Amendment 2 Regulations 2008: Regulation 14(2)
EPB 2007 is amended so that EPCs may now be disclosed to or by
energy assessors in connection with their assessment of the property
and by or to the Energy Saving Trust Limited in connection with
providing information about financial assistance to occupiers
of the property and for research purposes.
Regulation 31 EPB 2007 is amended so that more information must
be registered on the Register.
Regulation 34 EPB 2007 is amended so that the keeper of the
regulation 31 register can disclose whether an EPC has been registered
for a commercial property and can disclose information about
residential property to energy assessors in connection with work
to be undertaken by them on instruction by the proprietors and
to building control inspectors.
B. New Builds/Buildings to be developed
Under the Building Regulations 2000: Persons carrying out work
on a property had to inform the Local Authority that an EPC had
been issued to the owner and had to inform the Local Authority
of calculated carbon emission rates no later than 7 days after
the last test had been conducted.
Under the EPB Amendment 2 Regulations Persons carrying out work
on a property must now also provide Local Authority with the
reference number under which the EPC has been registered on the
Regulation 31 Register and must notify the Local Authority of
the calculated CO2 emission rates of the building within five
days of completion of the work.
To find out more about how we can help you, please contact Carvill & Johnson in Northfield, Birmingham.
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