Property Sales and Letting - Energy Performance Ratings for Adverts
28th December 2012
Property Letting and Selling Advertisements Must Be Updated by sellers and landlords or their agents to show the Energy Performance Rating.
New rules on advertising from 9th January 2013 mean they must contain the Energy rating. Caithness Business Index and Sutherland Business Index will shortly contain a box for new advertisers to enter the rating for the properties being sold or to let.
Meantime sellers and landlords can get in touch with us to tell us the rating number to be entered in the ads currently on the web site. A few agents selling and renting properties have already been in touch with us. if you are an agent with several properties please email a listing to us with the ratings for each property with our reference number and we will update the ad. the responsibility for this rests with the seller and there are penalties possible for failure to comply from Scottish government.
From 2009 -
If you’re selling or renting your home, you must order an EPC for potential buyers and tenants before you market your property.
In Scotland, you must display the EPC somewhere in the property - eg in the meter cupboard or next to the boiler.
An EPC contains:
information about a property’s energy use and typical energy costs
recommendations about how to reduce energy use and save money
An EPC gives a property an energy efficiency rating from A (most efficient) to G (least efficient) and it is valid for 10 years.
More
All properties which are being advertised for sale or rent must display the Energy Indicator from 9 January 2013, regardless of the length of time the property has been listed. What constitutes 'advertisement in commercial media' is defined in regulation 5A(3) of the amended Energy Performance of Buildings (Scotland) Regulations.
Regulations refer to definitions within Directive 2010/31/EU on the Energy Performance. In this respect, a building is defined as "a roofed construction having walls, for which energy is used to condition the indoor climate". In respect of building type (regulation 4), an EPC is not required for:
(a) temporary buildings with a planned time of use of two years or less, workshops and non residential agricultural buildings with low energy demand; and
(b) stand-alone buildings with a total useful floor area of less than 50m² which are not dwellings.
In respect of rental, an EPC is not required on renewal of the lease of an existing tenant (regulation 5(4)).
Q. Exactly what information has to be displayed in the advert?
A. Legislation (regulation 5A) requires that the advert "states the energy performance indicator for that building or building unit". It would be acceptable to simply include and identify the EPC band rating in the advert text, e.g. "EPC=C". For dwellings, this refers to the Energy Efficiency Rating; for non-domestic buildings, the Building Energy Performance Rating. The amount of information provided in addition, including use of colour or typeface/size of the rating is discretionary.
Information on energy performance within advertisements in commercial media.
Article 12(4) of Directive 2010/31/EU the Energy Performance of Buildings introduces a requirement that, where an Energy Performance Certificate (EPC) is required on the sale or rental of a property, the energy performance indicator from that Certificate must be stated in any advertisement in commercial media.
This requirement will apply to all sale or rental transactions for which building owners are required to provide an Energy Performance Certificate under regulation 5 of the Energy Performance of Buildings (Scotland) Regulations 2008 ( http://www.legislation.gov.uk/ssi/2008/309/contents/made). Buildings types which are exempt from the need to obtain an EPC are set out in regulation 4 and remain unchanged.
Following a public consultation, the Scottish Government sought views on the level of information to be provided within the advert and also on the definition of "commercial media". Respondents were of the view that only the EPC banding was required for advert, e.g. EPC - C, and that a clear definition be provided for the term "commercial media". The consultation and Scottish Government response can be accessed at http://www.scotland.gov.uk/Topics/Built-Environment/Building/Building-standards/publications/pubconsult.
In response to the consultation, the Energy Performance of Buildings (Scotland) Amendment No. 2 Regulations 2012 - SSI 2012/208 have now been laid in Parliament. This introduces the requirement for the inclusion of the energy performance indicator within advertisements from 9 January 2013. These requirements are set out within a new regulation 5A, which includes a clear definition of "commercial media", with enforcement powers conferred through new regulation 17A. A weblink to the legislation is attached for ease of reference: http://www.legislation.gov.uk/ssi/2012/208/contents/made
Requirement to provide recommendations report with an EPC.
Where an Energy Performance Certificate is produced, it is accompanied by a Recommendations Report offering further information and advice to building owners on their building and how it can be improved. Previously, there was no requirement to make this document available. From 1 October 2012, regulations require that both the EPC and Recommendations Report are made available to potential owners or tenants and provided to the new owner or tenant. These provisions are set out in amendment to regulation 5, which can be viewed through the above link, with enforcement powers conferred through existing provisions within regulation 14.
You should note that, as with the need to provide an EPC on sale or rental, these regulations impose a duty on the building owner which, if not met, can result in enforcement action and the issue of a penalty charge notice by the local authority. It is therefore essential that property professionals are aware of these requirements and the need for appropriate advice and action when appointed by a building owner.
