EPCs for Commercial Buildings

3.2 Responsibilities for providing EPCs when selling or letting a non-dwelling

As soon as a building is in the process of being offered for sale, it is the responsibility of the seller to make available an EPC to prospective buyers.

As soon as a building is in the process of being offered to let, it is the responsibility of the prospective landlord to make available an EPC to prospective tenants.

It is the responsibility of the seller or landlord offering the accommodation for sale or let to make an EPC available for their building. A lease assignment would be considered to be a sale or letting and the assignor should normally provide the EPC. The landlord’s obligations will generally be satisfied if the assignor provides the EPC to the assignee

The seller or landlord is responsible for ensuring there is an EPC for the building, or part of the building, being sold or let, even if an agent or another service organisation is acting on their behalf or providing an EPC. The seller or landlord should therefore ensure any agents acting on their behalf are complying with the Regulations.

As enforcement officers can request a copy of an EPC from a dutyholder at any time up to six months after it was required, it would be prudent for sellers or landlords to retain their reference number so that a copy of an EPC can be requested from the register if required.

For those considering selling, letting or sub-letting a building, it is recommended that the availability of an EPC is ensured at an early stage to be ready for any future transaction. There are two ways this could be achieved:

• negotiate with the head landlord to get an EPC for the whole building where there is a common heating system (which may be more economic for all concerned)
• get an EPC for the part of the building you are letting or sub-letting. If you are letting a floor, for example, in a building with a common heating system, you may get an EPC done for just that floor. If you occupy a part designed or altered to be used separately and there is no common heating system you will need a separate EPC anyway.

It is the duty of every person with an interest in, or in occupation of the building to co-operate with any seller or prospective landlord as far as is necessary to enable them to comply with any duty under the Regulations to make available an EPC, and allow access to any energy assessor they appoint.