The Government are producing regulations to change the rules for Energy Performance Certificates. The changes are not vast but will clarify and extend some of the requirements. There is concern that non compliance may be due to a lack of clarity, when in reality it is probably more down to apathy!

Firstly the regulations will create a new look EPC. The main EPC will become a two page document. They will be registered on a central website much as before. However, reports on air conditioning systems will have to be lodged as well.

Probably the biggest shake up of EPCs are around the commissioning of the EPC. The current legislation varies between sales and rentals. In both cases the EPC must be available at the first of the following list of events:

• The point the contract is entered into.
• A viewing of the property.
• Giving written particulars

Obviously it will be fairly rare to achieve a letting or sale without a viewing or giving written particulars but it can happen. The revised wording will require the EPC to be produced at the earliest opportunity but definitely before a viewing or providing written particulars. The original EPC for the sales market was part of the Home Information Pack. When HIPs were abolished, this would have left the sales market without any legal requirement to provide an EPC. This problem was addressed by adding in a new regulation 5A into the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007. This section starts with the observation that the section applies when a “residential property is to be sold”.

The regulation then goes on to allow for marketing without physically having an EPC for a period of up to 28 days. This period of 28 days will be reduced to just 7 days under the new regulations.

This may have some relevance in sales but in many situations in letting the first viewing could easily have taken place. Some property could even have been let within that 7 day period.

Currently written particulars need to have the asset rating attached (the coloured bar chart, if there are two out of photos, floors plans and room dimensions).

This obligation to attach the asset rating is being withdrawn and it is being replaced with the requirement to provide the complete two pages of the first part of the revised EPC instead. Since this could apply to advertising as well, it will be interesting to see how the advertising market adapts to deal with this change.

There are a couple of technical changes around enforcement but subject to the regulations being passed, most of the provisions will start from the 1 July 2011. The requirements in respect of written particulars starts 1 Oct 2011.