Do I need an Energy Performance Certificate (EPC)?

Yes - From December 14th 2007 all homes marketed for sale require an EPC (but read on...)

Can I market my home without an EPC?

Yes, but only if either yourself or your estate agent has actually ordered an Energy Performance Certificate before marketing commences.

At minimum, this means a Domestic Energy Assessor must be instructed to prepare an EPC for your home before it is marketed. The law says it must either be paid for upfront, or a clear commitment made to pay for one by the person (or estate agent) responsible for marketing (i.e., get it in writing).

There should also be a 'reasonable' expectation that the EPC will be made available within 28 days of the property first appearing on the market. This means when it is 'advertised or otherwise communicated (in whatever form and by whatever means) to the public or to a section of the public'.

If it is not (unlikely in most cases), both yourself, the seller, and the agent responsible for marketing your home must make all reasonable efforts to obtain it as soon as possible, or risk pain of penalty (see below).

EPC on private sales

As you might have guessed, even private sales to family members do not escape the duty to get an Energy Performance Certificate.

Energy Performance Certificate - new rules

This bit is important. From October 1st 2008, home-owners are now responsible for the Energy Performance Certificate. So check your estate agent doesn't trip-up and potentially land you both with a £200 fine, per instance!

An Energy Performance Certificate must be made available:

• when the property is viewed, if available;
• when written information is provided on request, if available;
• certainly before contracts are exchanged.

Sales particulars: Displaying the Energy Performance Certificate

As a minimum, the asset ratings graphs (see top picture) from your EPC must be included within the sales particulars (including electronic) if they contain two or more of the following:

• A photograph of the building or any room inside the building
• A floor plan of the building
• A description of the size of the rooms in the building.

Advertising

With window cards and newspaper adverts you are not legally obliged to include the rating graphs, although the Government suggests it would be good practice to do so if they contain any two of the above items.

Enforcement penalty fine (£200)

If you - or your estate agent - is responsible for actively marketing your home, there is pain in store for not obtaining an EPC: £200 penalty fine (repeatable for each day).

The EPC, however, is the sole responsibility of the home-seller, though it would make for a daft estate agent to expose you to a penalty fine by negligently marketing your home without an EPC (because they too would kop for a fine).

Estate agents are automatically reported to the Office of Fair Trading (OFT) for continued naughtiness, leading to a banning order. But despite these risks, some agents are seemingly willing to cut corners just to have your property on their shelves, rather than competitors. Be aware.

How long is an EPC valid for?

An EPC is valid for 10 years. You can market your home immediately once you have commissioned an Energy Performance Certificate.

If you use an existing EPC nearing the end of its legal life (for example, 9 years and 11 months old), it will remain valid for as long as your home is continuously marketed. But if you temporarily pull your home off the market for more than 28 days, you will need to replace it if it's more than 10 years old when you resume marketing.

A new EPC supercedes an older one.

EPC exemptions

Want to avoid the EPC? Well, you'll need to fall into one of these categories then:

• Properties subject to a condition limiting their use to occupation for less than 11 months per year or holiday accommodation
• Mixed sales (eg. shop with flat)
• Non residential property
• Right to buy and similar properties
• Sales of property portfolios
• Properties not sold with complete vacant possession
• Unsafe properties and properties to be demolished
• Park homes