
It' is fair to say that the main area of confusion seems to lie squarely in the estate agent market.
However as a growing majority of estate agents have branches that include letting departments it is becoming obvious that information that is not verified or "rubber stamped" by the government is going out to the wider field and causing a dangerous environment of confusion and in some cases delivering dis-information.
LetSafe received a recent newsletter via one of our clients from an online estate agent news source, which reads as follows:
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"EPCs October 1 deadline: heat comes off agents
Wednesday 10th September 2008Estate agents have exactly three weeks to prepare Energy Performance Certificates for homes on the market that pre-dated Home Information Packs. But the heat is off. Yesterday (Tuesday), in what looked suspiciously like a U-turn, new Regulations were rushed before Parliament. updating EPC requirements, in a clear bid to avoid the debacle that would have ensued if the Government had insisted EPCS on hundreds of thousands of properties in the next three weeks.The new Regulations effectively phase in EPCs for commercial buildings over three months and also water down the requirements for domestic EPCs.The Regulations themselves are not likely to be available until the end of this week but we believe the following guidance to be correct.
From Wednesday, October 1, the EPC regime will affect all homes for sale, all rental homes where there is a new rental agreement and all commercial buildings of any size.
By October 1, all public buildings will also need to have a Display Energy Certificate.As far as homes are concerned, all domestic properties on the market, including those without HIPs, should have EPCs. But note, the word is effectively ‘should’, rather than ‘must’.
Sellers, or their agents, will NOT need to provide EPCs on non-HIP properties October 1 and nor will they have to withdraw those properties from the market if EPCs are not in place. Instead, EPCs should be produced “as soon as possible”. The lack of an EPC on October 1 would not affect or prevent sellers from continuing to market such properties.Agents will NOT have to reprint particulars for non-HIP properties showing the EPC graphs. This is not necessary, although CLG recommends that EPCs do accompany particulars “on a voluntary basis”.Strictly speaking, for non-HIP properties, it is the seller and not the agent who is responsible for producing the EPC. In practice, it is believed that in virtually all cases, it will be the agent who has to take the lead.
Under the legislation, sellers who do not provide EPCs on non-HIP residential properties on or after October 1 could be fined £200. This now looks to have been superseded.However, no updated guidance has been given by CLG in response to specific questions as to whether sellers will be fined if they have not produced EPCs by a certain time, such as the end of the year for example. One important change in yesterday’s Regulations is that EPCs for homes for sale can now last three years instead of one year.Another important change relates to non-domestic buildings, where the requirement to have an EPC has now been delayed and phased in.Any non-domestic building on the market before October 1 and remaining on the market will now not need an EPC until January 1 at the latest. If it is sold or rented out in the meantime, an EPC must be commissioned and then handed over “as soon as is practicable”. CLG says: “This measure is intended to make it easier for owners and landlords to comply with the legislation, avoid market fluctuations and is in response to expectations from the industry.”In reality, there are nowhere near enough commercial inspectors available to have completed the hundreds of thousands of EPCs necessary on commercial properties.
Any further updates on this story will be posted up on the Estat***ntT**ay website as soon as we receive them."
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Now we looked into this as from the LetSafe point of view as a national provider of EPC's to landlords this seemed noteworthy. LetSafe checked with our RICS qualified group of surveyors and they all expressed their astonishment that unverified news of this nature is being sent out. The information is misleading and in fact could prove financially damaging to many letting agents and landlords as they may feel that they can sit back and wait while all they may be doing is sitting back and letting potential fines build up for themselves and their landlord clients.
When we visited the site in question we noticed that the article had seen recent post activity, again cut and pasted below for your ease:
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“Posted By Megan Baker on Wednesday 10th September 2008 We all need to be very careful what we believe at the moment with this. Your details are completely at odds with the Communities Government update released today which states... October marks the completion of the introduction of EPCs. The full timetable is below: Homes: • Since 1st August 2007 all homes going on the market with 4+ bedrooms have required an EPC when sold • Since 10th September 2007 all homes going on the market with 3+ bedrooms have required an EPC when sold • Since 14th December 2007 all homes going on the market with one or more bedrooms have required an EPC when sold • Since 6th April 2008 all new-built homes have required an EPC • From 1st October all remaining homes for sale (including those which had been on the market from before the above dates) will require an EPC and all homes for rent will require an EPC when newly rented. Note the word WILL not SHOULD! Who are we supposed to believe?”
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The EPC regulations are a directive given to the UK Government from the EU and our research shows that the EPC legislation is not subject to the UK Governments whims. Therefore it is with high confidence that we say Energy Performance certificates WILL be required in the buy to let market at least.
It is also important to note the following extracts from the newsletter and online article:
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“The Regulations themselves are not likely to be available until the end of this week but we believe the following guidance to be correct.”
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The important phrase here as stated is “we believe”, not fact merely conjecture and guess work.
All landlords and letting agents would be well advised to visit the government site as an accredited voice of information on this legislation which again contains no such guesswork and clearly states what is required.
Bear in mind the directgov newsroom was updated today and DID NOT include any such estimates of any "new" situations with regard to the EPC legislation.
Where government levies or fines are involved most wise and competent businesses would advise distancing themselves from rhetoric of this sort. Stay where the source is and make sure that your information is verified and comes from the horses mouth.
Links as follows: