EPCs for Commercial Buildings

6.5 Penalties for not having an EPC

Local authorities (usually by their Trading Standards Officers) are responsible for enforcing the requirement to have an EPC on sale or let of a building. Failure to provide an EPC when required by the Regulations means you may be liable to a civil penalty charge notice. Trading Standards Officers may act on complaints or undertake investigations. They may request you to provide them with a copy of your EPC and recommendation report. If asked, you must provide this information within seven days of the request or be liable to a penalty charge notice. A copy of an EPC can be requested at any time up to six months after the last day for compliance with the obligation to make it available.

The penalty for failing to make an EPC available to any prospective buyer or tenant when selling or letting non-dwellings is fixed, in most cases, at 12.5 per cent of the rateable value of the building, with a default penalty of £750 where the formula cannot be applied. A formula is used as the costs of producing an EPC for nondwellings are expected to vary according to the size, complexity and use of the building. The range of penalties under this formula are set with a minimum of £500 and capped at a maximum of £5,000.

If you are issued with a penalty charge notice and you believe it should not have been issued you can request a review. If you are not satisfied with the outcome of the review you may appeal to the county court within 28 days after you received notice confirming the penalty charge notice from the local authority.

You have a defence against a penalty charge notice if you commissioned an EPC at least 14 days before it was required and despite all reasonable efforts you have not received a valid EPC at the relevant time. You will need to provide evidence that a proper request was made to an accredited energy assessor.