Knowledgebase: DCLG Guide to EPC (ND)
Providing EPCs when selling or renting out a non-dwelling
Posted by Mike Gordon on 22 July 2015 01:00 PM

As soon as a building is in the process of being offered for sale or rent, it is the

responsibility of the seller or landlord (i.e. the relevant person) to make available free of

charge an EPC to any prospective buyer or tenant.

The EPC must be provided by the seller or landlord at the earliest opportunity and no

later than when:

a. a person requests information about the building (the time at which the relevant

person makes any written information about the building available), or

b. when a person makes a request to view the building, the time at which the person

views the building

An EPC does not have to be made available if the seller or prospective landlord believes

on reasonable grounds that:

c. the prospective buyer or tenant is unlikely to have sufficient funds to purchase the

building or is not genuinely interested in buying or renting a building of that type

d. the seller or prospective landlord is unlikely to be prepared to sell or rent the building

to the prospective buyer or tenant, although this does not authorise unlawful

discrimination

The seller or landlord is responsible for ensuring there is an EPC for the building, or part

of the building, being sold or let, even if an agent or another service organisation is

acting on their behalf or providing an EPC. The seller or landlord must, therefore, ensure

any person acting on their behalf (i.e. estate or letting agent) is complying with the

regulations.

Before a building is put on the market the seller or landlord must commission an EPC for

the building. A person acting on behalf of the seller or landlord must also be satisfied that

an EPC has been commissioned for the building before marketing.

The seller or landlord or a person acting on their behalf must use all reasonable efforts to

ensure the EPC is obtained within seven days. A further 21 days is allowed if after using

all reasonable efforts the EPC cannot be obtained within seven days.

From 9 January 2013, when a building or building unit is offered for sale or rent, the

asset rating of the building in the EPC must be stated in commercial media where one is

available.

This would include, but is not restricted to, newspapers and magazines, written material

produced by the seller, landlord or estate or letting agent that describes the building

being offered for sale or rent or the internet. This will increase transparency and provide

the public with information about the energy efficiency of the building.

However, in line with the removal of unnecessary gold-plating, from 9 January 2013,

there will no longer be any requirement to attach the front page of the EPC to any written

materials.