Thursday, April 05, 2012
Please find below further information from the DCLG on the
changes to EPC Regulations due to come into effect on Friday 6th
April 2012. This was emailed to the NAEA as a result of efforts to
obtain further clarification and I trust that this illustrates
the fact that the Assocation has not given up trying to get answers
from Government on your behalf.
We will continue to try to get a more definitive response on
behalf of our members.
An e-petition has been started by Anthony Payne asking for the
Government to consider removing the full postal address from the
Energy Performance Certificates and the NAEA, NAVA and ARLA
are encouraging members to sign it and forward it to
colleagues, staff, landlords etc. The link can be found here.
DCLG Response to the NAEA
"Please note that the Department is unable to provide legal
advice and, in any case, we cannot provide a definitive
interpretation of the law as only the Courts are able to do this -
nor can DCLG provide advice on individual cases.
Regarding the issue on whether EPCs would be required to be
included with a single-sheet marketing list, it would be possible
to argue that an expression of interest in a particular unit could
count as a trigger point in such situations. The definition of
'building' in Reg 2(1) refers to part of a building designed or
altered to be used separately, and it could interpreted that the
expression of interest in a building is when someone asks for
information about one or more of the units on the marketing list.
The information on the marketing list is, however, so brief that
people would need to go back to the property agent for detailed
information on a unit before purchase, and it sounds as though it
could provide a more pragmatic solution for property agents to
supply an EPC at this stage. It could seem onerous for them to have
to attach a bundle of EPCs with a single sheet list of
In terms of a multi-unit brochure, we are mindful of the
guidance given in relation to auction catalogues, where we have
stated that EPCs should be included in the catalogue. We are of the
view that an auction catalogue would provide the detailed
information which would be used by a person to determine whether to
bid for a particular property, whereas with a non-auction brochure
they could go back to a property agent to express information in a
particular unit. However, if a multi-unit brochure provides
detailed information, which meets the definition of written
particulars and which people will use to determine whether or not
they may wish to purchase a particular unit, then we say that in
our view an EPC should be included.
The DCLG is aware that there are likely to be many subtle
variations in terms of types of property marketing materials, and
the Regulations do not provide a definitive answer in terms of the
stage at which an EPC will be required. Ultimately, it will be for
property agents themselves to take a view on whether or not they
fall within the requirements of the Regulations."
I will, of course, keep members informed of any further
developments which come through.
ARLA Operations Manager