Double Figures! Happy 10th Birthday to EPCs

In January we wished a happy 10th anniversary to the Energy Performance Certificate (“EPC”) in Scotland. Introduced through the Energy Performance of Buildings (Scotland) Regulations 2008 (the “Regulations”), the EPC was designed to provide a source of information on the energy efficiency of a building and how it could be improved. Reluctantly accepted at first, EPCs have gradually become a core feature of property transactions in Scotland. They kicked off an increased focus on the energy efficiency of buildings with the introduction of Action Plans in 2016 and the Scottish Government’s commitment to an “Energy Efficient Scotland” – a new 20 year programme to transform the energy efficiency of our buildings by 2040.

This milestone anniversary is an apt time to remind ourselves of the requirements for an EPC and may require some property owners (particularly public authorities) to have existing EPCs updated.

Requirements for an EPC

Any new building that is constructed and any existing building being marketed for sale or rented to a new tenant must have a valid EPC. In addition, larger non-domestic buildings that are occupied by a public authority (or are used to provide public services to a large number of people) with a floor area of 250 m² or more which are frequently visited by members of the public (which by definition could include colleges, community centres, libraries, hospitals and crematoria) are required not only to have an EPC, but to display it within the building in a prominent place clearly visible to visiting members of the public.

Is your EPC still valid?

An EPC is legally valid for 10 years from the date of the certificate and it can be used multiple times during that period. Up until now, building owners in Scotland with an EPC have been able to assume that their EPC is valid, simply on the basis that they have one. This is no longer the case with some of the earliest EPCs now having expired.

Renew before marketing

There is no official warning system to notify building owners that their EPC has expired, so building owners with an existing EPC must check that it is still valid before marketing their property for sales or lettings. If an EPC has expired then a new one must be commissioned at the proprietors’ cost. This is still the case even if there have been no changes to the energy efficiency of the building over the 10 year lifespan of the original EPC.

Public Buildings

Any EPC for these buildings requires to be renewed before or immediately on the expiry of the 10 year period. Otherwise, the building owner or occupier will be in breach of the Regulations for not displaying a valid EPC. If they haven’t already, such owners and occupiers should take steps to ensure that all EPCs currently on display are valid and immediately renew any that are not. It would be prudent for public authorities to diarise for the renewal of all EPCs going forward to ensure that the Regulations are not inadvertently breached.