UK Landlord Forum / Life

What is the requirement for an EPC in a listed building when letting?

Are listed buildings exempt?

Thanks

There's a qualified exemption in place, right? I always took that to mean that if the work that might arise out of an EPC to meet a minimum standard would significantly alter the character of the listed building then it would be exempt from doing the work... but I always thought there still needed to be an EPC... even if it was rated bottom... it would be exempt from being brought "up to standard" due to its listed status.

Tell me if I'm wrong. I have a listed building. I got an EPC and I then installed LED bulbs. I'm not moaning, they're better...

Since this is a landlord and tenant forum, I'll answer this question in that context.

Landlord have a legal requirement to give a copy of the EPC to prospective tenant pursuant to the Energy Performance of Buildings (England and Wales) Regulations 2012. Non-compliance carries with it a financial penalty of up to £200. Under the Housing Act 1988 as amended, non-compliance would also mean that a landlord cannot serve a valid section 21 notice. The relevant exemption under the 2012 regulations is limited to "in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance". Merely obtaining the certificate and supplying a copy to prospective tenant cannot possibly falls under the qualified exemption. Historic England agrees.

As to minimum energy efficiency standard on letting out under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, requiring at least a score of band E, the definition of "domestic private rented property " references the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007. This 2007 regulations did not include the qualified exemption at all.* This would suggest minimum energy efficiency standard on letting applies to all listed buildings, subject to exemptions allowed under the regulations itself. These exemption is limited to within last 5 years unable to obtain third party consent, or an independent surveyor report has stated that the work will reduce the market value of the property by more than 5%. In either case, the landlord would be required to registered information for the exemption to apply.

* Based on when it was made, no idea if any subsequent amendment inserted it before the whole thing was revoked by the 2012 regulations.