- Since 2008 the Energy Performance of Buildings Directive has, with very few exceptions, required most properties when constructed or offered for sale or rent to have an EPC
- An EPC shows the energy efficiency rating (relating to running costs) of a non-dwelling
- They include recommendations on how to improve the energy efficiency. Under these regulations there is no statutory requirement to carry out any of the recommended energy efficiency measures stated, however the recently introduced MEES legislation (see separate section) does require some properties to be upgraded
- The seller or landlord must provide an EPC free of charge to a prospective buyer or tenant at the earliest opportunity. A copy of the EPC must also be provided to the successful buyer or the person who takes up the tenancy
- Selling agents and other third parties must ensure that an EPC has been commissioned before they can market a property for sale or rent
- All advertisements in the commercial media must clearly show the energy rating of the building (where available)
- EPCs are valid for 10 years and can be reused as required within that period. A new EPC is not required each time there is a change of tenancy, or the property is sold, provided it is no more than 10 years old. Where more than one is produced, the most recent EPC is the valid one
- There are a few exceptions were an EPC is not required, check with us to find out if your building is one of these or to obtain a fee quote to provide your certificate.
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Energy Performance
Issues of energy efficiency are now at the forefront of the way buildings are used and new developments planned.
Sibbett Gregory Energy Performance is fully involved in providing advice and support to clients in conjunction with the agency, building and planning teams.
Our services include:
Energy Performance Certificates (EPCs) 
Minimum Energy Efficiency Standards (MEES)
- The Energy Act 2011 contains a number of provisions that will affect owners of property; the most significant of these is MEES, which aims to improve the energy efficiency of the most energy inefficient properties.
- From April 2018 changes to legislation will make it unlawful to agree a new lease for a commercial property with an Energy Performance Certificate (EPC) rating of F or G.
- MEES will apply to new lettings and lease renewals on or after the 1 April 2018, the landlord/ property owner will need to ensure that the property meets MEES before the lease is granted. However as of 1 April 2023 all privately rented property will be required to meet MEES even if partway through a tenancy.
- Properties that do not require an EPC under current Energy Performance of Buildings Directive regulations will not be required to meet MEES. Moreover MEES does not apply to short lettings (6 months or less) and lettings over 99 years or more.
- Financial penalties for non-compliance are linked to the rateable value of the property, but could be as much as £150,000.
- Landlords can be made exempt from MEES if they are able to demonstrate one of the following:
- They have carried out all cost effective energy efficiency improvements.
- Measures Identified by Green Deal or an alternative government scheme are not cost effective (devalue the property by 5% or more. Or fail to raise the EPC rating above an F)
- Or if third party consents are not available despite reasonable effort.
- All of these exemptions are personal to the landlord are limited to 5 years and cannot be transferred to a new owner.
- Given the risks to landlords it is clear that a full understanding of energy efficiency is required for your property assets, in order to see if you are meeting the MEES legislation.
- We can assess your property’s energy efficiency and produce an assessment to ensure you have an understanding of your properties energy efficiency and how you could be affected by this legislation.
SBEM and Building Regulations (BRUKL) Part L Compliance
- The Simplified Building Energy Model, is a calculation required for newly-built, commercial or non-domestic buildings. The term ‘non-domestic’ refers to warehouses, offices, hotels, shops… any building that requires heating and lighting that isn’t a dwelling.
- SBEM is a Government-defined process in accordance with Part L of the Building Regulations. It is a calculation of the energy performance of new buildings
- There are 2 stages – the first stage called the ‘design’ stage needs to be completed and the Part L (BRUKL) compliance document submitted to your Building Control Body or Approved Inspector at the same time as your Building Control Application. The second stage called the ‘as built’ stage comes into force when the build is completed and a ‘pass’ Certificate will need to be produced for presentation to your Inspector, you will also need an ‘As Built’ EPC to provide to the building owner/occupier
- SBEM calculates the carbon dioxide emissions and energy used by a building given its construction, geometry, use, lighting equipment and HVAC. It produces a Target Emissions Rate (TER) and also a Building Emissions Rate (BER) which to comply with legislation should equal or better the TER.
- An all-inclusive one-off cost for providing a full Part L certificate to building control and an ‘As Built’ EPC is dependent on the heated floor area of the building. On receipt of your drawings we will confirm the cost and required information. We will also advise you as to what is required to achieve compliance. Our aim is to help you achieve a ‘pass’.
Energy and Resources Statements
- In order to receive planning consent, many local authorities now require a planning application to include an Energy and Resource Statement (also known as an Energy Strategy Report or Energy Assessment) for a development, as such submitted proposals require evidence that your development will achieve minimum reduction levels of energy or CO2.
- Local Authorities offer guidance for developers and their advisers on preparing energy assessments to go with strategic planning applications. Each council has their own sustainability policy for CO2 reduction.
- Energy statements address energy objectives such as CO2 emission reduction and renewable energy targets.
- They outline the most suitable and cost-effective solutions to reduce a property’s carbon emissions and advise which Low and Zero Carbon (LZC) renewable energy technologies may be required.
- Sibbett Gregory Energy Performance will take time to look at your requirements, speak to your planning department if required, and understand local policy before making a proposal. We may for example find that the energy statement is required as part of a Design and Access statement, or perhaps to accompany a broader Sustainability Report.
