Will changes to EPC law be delayed yet again?

Back in January, we blogged about the ongoing saga concerning changes to EPC law in England. Letting and estate agents are required by law to commission an Energy Performance Certificate prior to marketing a property, but current legislation regarding how much of the report must then be shared with clients is very lax. The EPC gives an indication of how energy efficient a property is, and what can be done to improve its rating and decrease fuel costs.

Since early 2011 the government has been promising to tighten up EPC laws, but the proposed changes have been consistently delayed and pushed back. With the latest deadline of April 6th coming up shortly, it remains to be seen whether or not they will be postponed yet again.

The warning signs look ominous; last week, agents were due to be issued with guidance on the upcoming changes by the Communities and Local Government department. This did not happen. However, Estate Agent Today reports that a government insider has indicated that the changes will ‘definitely go ahead on April 6‘, despite the fact that the redesigned EPC has not yet been approved.

It is widely believed that, after April 6th, letting and estate agents will be required to attach the entire first page of the new-look EPC to all property particulars, although no guidance has yet been issued about online marketing.

While many believe that this marks an important step towards encouraging tenants and homeowners to increase the energy efficiency of their home, others see the EPC as something that is ignored by the vast majority of people moving into a new home. A recent report in The Guardian suggests that ‘nearly four-fifths of people (79%) who had received an EPC when buying or renting a new home had not acted on any of its recommendations to make it more energy-efficient and thereby save money’. The government will be hoping that the redesigned EPC, with a front page that clearly and simply details recommendations for improving the property’s energy efficiency, will have an impact on the amount of people who then act on the recommendations.

At Reside, we have always made the entire EPC available to landlords and tenants and we will continue to do so after April 6th. Examples of our EPCs can be found on the property pages of our website.

What next for EPC law in England?

Since 1 October 2008, landlords and letting agents have been legally obligated to provide prospective tenants with a valid Energy Performance Certificate, should they request to see one. EPCs are carried out by accredited Domestic Energy Assessors and give landlords and tenants an indication of the energy usage and carbon dioxide emissions of a property, as well as guidelines for those wishing to improve the energy efficiency of their home. All letting and estate agents are required by law to commission a property’s EPC before they commence marketing it in any way; the agent must then be in ownership of the certificate within 28 days from when marketing began.

Currently, regulations governing how much of the EPC must be shared are very lax. Although the full report is usually several pages long, many letting agents only choose to share the EPC’s two summary graphs on their website, often omitting more detailed sections such as ‘Estimated energy useage and fuel costs of this home’.

In early 2011, the government announced that they would be introducing new legislation whereby agents would only have an initial seven days to procure an EPC from when marketing starts, as opposed to the current 28. Significantly, it was also announced that agents would have to attach the full EPC to property particulars, not just the graphs.

However, in early June 2011 the government admitted that they would miss their target of pushing the new legislation through by July 1st and declared that changes to EPC law would now be introduced on October 1st instead.

The government’s initial plans drew criticism from some quarters of the lettings and sales industry, who voiced concerns about the added paperwork that they would be required to produce. Under this criticism, the proposed changes were watered down so that agents and landlords will only be obliged to share the first page of the document. However, the first page of the EPC is due to be redesigned so that it also shows the key recommendations and their cost implications.

Towards the end of September 2011, the government announced that it was delaying its EPC changes yet again. At the time of writing, the commencement date for new EPC regulations has been pushed back to April 2012.

As it stands, many letting and estate agents still only choose to share the EPC graphs with their tenants. At Reside, we have always made full EPCs available on our website, and included the first page of the document on our property brochures. Click here to see an example of one of our EPCs.

Many thought that EPCs would be abolished when Home Information Packs were scrapped back in 2010. But, as EPCs are required by European law, it seems that they are here to stay – even if we do not know exactly what the government will do with them next.