EPCs for Commercial Buildings

4.3 Situations where an EPC may be unobtainable

The relevant person will not be liable to a penalty charge notice:

a) in a sale or rental where a request for an EPC has been made at least 14 days before required and despite all reasonable efforts and enquiries, a valid EPC is not in the possession or control of the seller or prospective landlord. The EPC should nonetheless be made available to prospective buyers or tenants as soon as the dutyholder has it; or

b) in a rental:

• where a prospective tenant was seeking to rent the building in an emergency requiring his urgent relocation
• the landlord did not have in his possession a valid EPC at the time of letting
• there was insufficient time for the prospective landlord to be reasonably expected to have obtained an EPC before letting the building; and
• the landlord has given a valid EPC to the tenant as soon as reasonably practicable after letting the building.