Estate agents and letting agents have been let massively off the hook as far as EPCs are concerned. Guidance has now been issued, and can be seen by following the link at the end of this story.
Although agents will have to include EPC details on ALL property advertising from January 9, the requirement to include the front page of the EPC will be dropped. Furthermore, listed buildings will no longer need to have an EPC at all.
Our understanding is that ‘advertising’ means newspapers, magazines, the internet and property particulars. All will have to show clearly the property’s rating.
A statement by CLG minister Don Foster says that agents will not have to attach the front page of the EPC to marketing materials. Listed buildings will also be exempt from needing an EPC unless they are involved in a Green Deal arrangement.
The statement appears to have taken the industry by total surprise.
The statement says: “The new requirements will be introduced on 9 January 2013. The key measures include a requirement for property advertisements to include details of the Energy Performance Certificate rating where available; removal of the requirement to attach the front page of the certificate to any written material; exempting listed buildings from the need to have a certificate on their sale or rent.”
Philip Salaman, of EPC training and accreditation scheme Quidos, said the statement made a mockery of the Government’s stated intention to be the ‘greenest government’ ever.
He said: “These changes to the regulations by the DCLG are a backward step. Far from being the greenest government ever, they are proving that cuts to budgets are being followed by cuts to regulations that encourage saving energy. Compliance is very poor already, and this will only make things worse.
“An EPC provides valid information whether you are in a Georgian home in Bath or a modern build in Milton Keynes, so why remove the requirement for listed buildings to have an EPC?”
The new guidance is here:
https://www.gov.uk/government/publications/improving-the-energy-efficiency-of-our-buildings
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Comments
@EW on 2013-01-02 09:16:35
If one must include reference to the EPC, whether it be a Letter, Graph or Full, in an Advertisement, on a Viewing etc.,, how can this be done before the EPC is completed?
Call this GUIDANCE, the whole thing is a mess and should be rectified within the month. In my view, although preparation for marketing could be started - nothing should proceed until the EPC is in place. Result - clarified.
From the regs:
Confused??
Q. Is it possible to advertise a property before the EPC has been produced?
A. There is nothing to prevent a dwelling being advertised for sale or rent before the EPC is available. However, the landlord/seller will be expected to have made contact with a domestic energy assessor and commissioned the EPC
with a view to receiving it within one week of the date it was commissioned.
Did you know, the £200 daily rate is a myth?
Its £200 per offence - nowhere in the regs or enforcement is there a daily charge.
This was confirmed by our local TSO who, when asked, started by saying "I haven't got a clue - we have more pressing issues at the moment" but reverted back to us after asking around.
Just saying.....
So does that mean we have to show the graph in the newspaper advert or just the rating?
@hmm
Long as if the "other agent" doesn't drop you in it you'll be OK.
Or if he does long as you don't mind the £200 per day fine (if indeed that still exists) for as long as the offence of marketing without an EPC continues, no problem.
Mind if breaking the Law means you sell the house and get the fee you can afford the fine anyway.
Ho Ho Ho
The whole thing is getting stupid
Until I receive an official letter in the post detailing super clearly what's required then I'll just carry on what I do at the moment - if I've got an EPC I'll upload it. If I haven't then i will not delay advertising the property
In my opinion surely the responsibly of advertising and producing it lies with the person bloody paying for it!! All I get is, 'what's an EPC?' (I then explain what it is and how much it is) 'oh ok I'll get one sorted' (I tell them I can arrange it for them) 'no its ok I'll organise it'
I'm not going to be left chasing this poxy EPC and losing marketing time when the other agent I'm in compettion with isn't bothered either
The EPC can wait
Hi Ray
Compliments of the Season to you and Yours.
Yes I'm a bit surprised. I mean I didn't expect anything from anyone in authority, but knowing me I thought I may have missed something in the new directive which after Darryl's comment on EAT I took the trouble to read in full.
Such a sad life I lead!!
Anyway while it struck me that it was one or two steps forward there didn't seem to be that many. But then it struck me that the paper was silent on the previously stated ability to show the first page at least electronically, and also now I think of it to give the full EPC to the eventual tenant the same way if they are happy with that.
But more to the point previously it specifically said you did not need to issue the whole EPC to every viewer. Maybe they still intend the same approach - but this latest directive does not say that it just refers to giving them 2the EPC"
@ Industry Observer on 2012-12-20 11:34:28
" Can someone please tell me in respect of lettings and what is now needed on EPCs:-"
It is now nearly 5 hours since you asked and still no answer, explanation or suggestion!
Says something!
Can someone please tell me in respect of lettings and what is now needed on EPCs:-
1. Where is the confirmation that the EPC can still be shown electronically to a prospective tenant
2. Whilst the first page no longer needs to be attached to particulars all references to only needing to show page 1 to any prospective tenant (electronically or hard copy)have disappeared.
But what do appear are references to making the EPC (the whole thing) available to prospective tenants, not just showing them page 1. The implication in this latest publication is that the whole EPC must be made available to every prospective tenant viewing the property
3.Where are the fines stated, currently £200 per day. All that is mentioned here are the fines for non-dwellings
I don't want to be accused of bah humbug but unless silence means the original requitrements apply this latest set seem to give with one hand (no need to attach page 1 to particulars) but massively take with the other as the EPC can no longer be shown electronically (or issued that way to the eventual tenant) and it is the whole EPC that must be issued (Not shown mark you, issued).
I assume this is what ARLA means in its press release this morning about asking further questions?!!
Well said Ray.
Trading Standards wont prosecute a breach of an understanding. They will be more worried about moody vodka and fake Christmas presents - and other things that really matter. Perhaps a focus on misappropriated or unregistered deposits would be better?
Many agents wont act upon an 'understanding' either.
Why does the DCLG always throw this at us at the last minute, and just before Christmas or Easter?
And why can't they get it right first time? Bloody ridiculous.
More unpaid work for agents.
"......Our understanding is that ‘advertising’ means newspapers, magazines, the internet and property particulars. All will have to show clearly the property’s rating.....".
An 'understanding' is not what is required!
What is required is an unambiguous requirement according to the law. Once again these idiots only do half a job.