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Katherine Dudley of Dickinson Manser Solicitors talks about the new
Regulations regarding energy certificates for commercial premises

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 came into force in April 2007 in relation to residential property and during the course of 2008 will extend to cover commercial premises.

The Regulations introduce two different energy certificates: Energy Performance Certificates (EPC’s) and Display Energy Certificates (DEC’s).

EPC’s are already required in the sale and construction of residential property, but from 6 April 2008 anyone selling or letting commercial premises over 500m2 will have to provide an EPC free of charge to the buyer or tenant. From 1 October 2008 this will apply to all commercial premises, regardless of size. There will be no need, however, to provide a new EPC every time a premises is re-let, if there is already a valid EPC.

An EPC will also be required in the construction or conversion of buildings. The Local Council will not issue a Completion Certificate for Buildings Regulations purposes until the EPC is provided. If a building is sold “off-plan” an estimate of the energy efficiency will instead be required.

EPC’s will contain an energy efficiency rating and recommendations as to how the efficiency of the building could be improved and what rating would be achieved if all the recommendations were implemented.

There are few exemptions from the requirement to provide an EPC, which include; temporary buildings, commercial buildings of less than 50m2, places of worship, and certain buildings with very low energy usage.

From 6 April 2008, all buildings over 1,000m2 occupied by public authorities or institutions offering services to the visiting public will have to display a DEC. DEC’s will show the actual energy usage of the building over three years and will have to be renewed annually.

Trading Standards will police the provision of EPC’s and DEC’s and can impose fines of up to £5,000 for non-compliance.

For more information about these and other legal issues affecting your organisation contact Dickinson Manser Solicitors on 01202 673071 or visit our website at www.dickinsonmanser.co.uk.