EPCs for Commercial Buildings

3.8 Using EPCs in commercial transactions

The energy assessor has a duty of care under the Regulations, both to the seller or prospective landlord and to the prospective buyer or tenant, to carry out an energy assessment on a building with reasonable care and skill. This duty is enforceable for as long as the EPC subsequently produced remains valid.

Once an EPC has been produced for a building, it is valid for 10 years or until a newer EPC is produced. The EPC will be stored in the central register and subsequent owners or tenants can make the EPC available in the course of any transaction while it remains valid.

If an energy assessor is proven to have been in breach of his duty under the Regulations or negligent in any other way, this is a matter that can be taken up in the first instance with their accreditation scheme before recourse to an action in civil law. Energy assessors will have suitable professional indemnity cover against the eventuality that any person to whom they have a duty may suffer loss as a result of their actions.

If an EPC is subsequently alleged to have been produced fraudulently, this is a matter for criminal law, to be pursued by making a complaint to the Police.