Do you have to commission an Energy Performance Certificate (EPC) when you know the building on the site you’re selling or renting out is going to be knocked down?
In most cases, following a change in the rules, the answer is now more likely to be “yes”.
The new rules governing the provision of EPCs came into effect on 6 April 2012.
This detail on demolition only caught my eye recently though.
Under the old 2007 rules there was an exemption for non-residential property which meant you didn’t need to commission an EPC if the building was being sold or rented out with vacant possession; was suitable for demolition; the resulting site was suitable for redevelopment; and you believed on reasonable grounds that the prospective buyer or tenant intended to demolish the building.
Evidence of a planning application was usually enough to demonstrate that.
Under the new 2012 rules, for the exemption to apply to non-residential property, not only must the site be suitable for demolition and redevelopment, but you must also be able to show that:
· all the relevant planning permissions, listed building consents and conservation area consents exist for the demolition; and
· for the redevelopment either outline planning permission or planning permission exists, or both; and where relevant, listed building consent exists.
The new rules, in effect, bring non-residential property into line with the section of the 2007 rules that applied to dwellings, and which continues to apply to dwellings.
So, for non-residential property, for the exemption to apply it won’t be enough any longer just to show that someone has made a planning application.
What this means in practice is that in most cases the exemption is unlikely to be available.
Even if you know the building is going to be demolished and you are marketing the site on that basis, unless planning permission and the other necessary consents have been granted (both for the demolition and redevelopment), you’ll have to commission an EPC within 7 days of marketing the site and attach a copy of the first page of it to the written particulars.
You basically have to pay someone to tell the world about the energy efficiency of a soon-to-be-non-existent building.
The modern world.
Dontcha just love it?