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Energy Performance Certificates — New Laws from 1st October (YEP 6/10/08 and T & A 7/10/08)

There has been much talk about Home Information Packs (HIPs) in the media this last year, some people loving them (like the government) and some hating them (like some estate agents). HIPs are provided by good Solicitors or some estate agents but be aware that if you are buying one from an estate agent they usually consider the pack to be theirs, not yours and may not hand it over to you if you take your property off the market or change agents. Love HIPs or hate them they are here to stay and forming part of the Home Information Pack is the Energy Performance Certificate (EPC) first introduced for the marketed sale of domestic homes.

The EPC tells you how energy efficient a home is and what impact that home has on the environment. They work on a scale of A-G. The most efficient homes — which should have the lowest fuel bills are in band A. Most homes however fall into band D-E for both efficiency and environmental impact. The EPC should also include recommendations on ways to improve the home's energy efficiency although you are not required by law to make these improvements. Residential EPCs can cost from around £75 but EPCs for commercial properties are more in the region of around £500 depending on the type and size of the property.

If you are buying or selling a home it is now law to have an EPC certificate. From 1st October 2008 all buildings sold, or rented, whenever built will need one, including those properties on the market before the introduction of EPCs for domestic properties in 2007.

If you're buying a newly built home the seller should provide a predicted assessment of the energy efficiency of the property and in most cases a full EPC when the property is finished.

Commercial or non-domestic buildings already on the market before 1st October and remaining on the market will need an EPC by 4th January at the latest. If it is sold or rented out in the meantime, an EPC must be produced and handed over as soon as possible.

Landlords should provide an EPC whenever a home in the social or private rented sector is let to a new tenant. If a property was occupied before October and the same tenant remains there you will not need to provide an EPC until a new tenant moves in.

This is all a bit involved, but all properties are now affected, residential or commercial and freehold or rented and we are ready to advise all our clients how they are individually affected.

Interestingly enough by 1st October all large public buildings will need to tell us how energy efficient they are by erecting a Display Energy Certificate in a place visible to the public. So I hope the government is practicing what it is preaching. Make sure you keep an eye out.

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