back // next
NEWS // New European Directive on Energy Efficiency
Regulations enacting provisions of the European Directive on the energy performance of buildings will come into effect on 4th January 2009. The Regulations introduce the Energy Performance Certificates (EPCs), which provide a statement of the energy efficiency of a building by awarding a rating based on CO2 emissions within bands from A-G with A being the least polluting. The requirement for EPCs is already in place for newly constructed buildings.
The trigger for the production of an EPC will be the letting or sale of a building. Where a building is to be sold or let the owner must provide a copy of a valid EPC, free of charge, to a prospective buyer or prospective tenant.
A person becomes a prospective buyer or prospective tenant on the earliest of the dates that that person:
There is some debate as to whether the regulations will apply on the assignation of a lease. Guidance issued in England states that an assignment of a lease is treated as a sale. The wording of the Scottish regulations does not appear to support this view. Guidance is to be issued to the enforcing authorities which should clarify this issue.
The system is to be enforced by local authorities as enforcement authorities in terms of the regulations and if an owner fails to provide a prospective tenant or buyer with an EPC he will be liable to a penalty charge of £1,000.
An EPC once issued is valid for 10 years.
Temporary buildings with a planned use of less than two years, workshops and non residential agriculture buildings with low energy demand and stand-alone buildings with a total useful floor area of less than 50 square metres are exempt from the regulations.
For further information please contact Adam More on 0131 226 8223