On Sale

The seller is responsible for ensuring an Energy Performance Certificate is made available to all prospective purchasers at the earliest opportunity.

The certificate is being introduced in stages. Since April 2008 buildings with a total floor area of more than 10,000sq m required one. From 1 July 2008 this will be extended to buildings with a total floor area greater than 2,500 sq m. From 1 October 2008 all buildings will require one.

The Energy Performance Certificate and recommendation report must be made available free of charge by the seller to a prospective buyer at the earliest opportunity and no later than:

• when any written information about the building is provided in response to a request for information received from the prospective buyer; or
• when a viewing is conducted; or
• if neither of those occur, before entering into a contract to sell.

An EPC does not have to be made available if:

• the seller believes that the prospective buyer is unlikely to have sufficient funds to purchase the property or is not genuinely interested in buying type of property; or
• the seller is unlikely to be prepared to sell the property to the prospective or tenant (although this does not authorize unlawful discrimination)

The sale and let of commercial buildings can be complex with floors let to different tenants, and with a mixture of retail, office and residential accommodation. The EPC required for any space you offer for sale or let must reflect the accommodation on offer.

EPCs for commercial and public buildings are valid for ten years. The only person who is able to produce an Energy Performance Certificate is an accredited energy assessor.