An attempt to clear up the EPC's on Listed building ambiguity
The general consensus in the industry appears to be that listed buildings are exempt from the requirement to provide Energy Performance Certificates, if the property is being sold or rented, this has widely been the view since the recast of Energy Performance of Buildings Directive that came into force on 9th January 2013.
Quote from: “The Energy Performance of Buildings (England and Wales) Regulations 2012 it states:
“Duties relating to Energy Performance Certificates
Application of Part 2
5.—(1) This Part does not apply to—
(a) buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance;”
The main issue here is that the test for certain Minimum energy performance requirements is not defined and therefore can’t be effectively complied with. The other side of the argument where most people get the understanding that EPC’s are not required is from historic England website on EPC requirement, this indicates that listed buildings are exempt from the EPC requirements, although government websites seem to back up the Energy Performance of Buildings regs that states “advice should be sought from the relevant local authority conservation officer if the work would alter the buildings character”
This appears to be a classic catch 22 situation in that to adhere to the regulations one would have to undertake an energy assessment and produce the EPC in order to then substantiate to an appropriate authority that the energy efficiency measures would unacceptably alter the building character, to then prove that the building was exempt from the EPC in the first place.
However there is no express exemption for listed buildings and only states that a listed building is exempt from a EPC in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance.
BEST Compliance have been advised by Elmhurst that it would be easier to have EPC’s undertaken on ALL listed buildings although our personal opinion is that Grade 1 buildings should be exempt as there is very little you can do however Grade 2 buildings there is much more scope for improvements for instance the changing of light fittings/ bulbs and replacement of boilers are feasible in circumstances as these would not alter the appearance or character.
However we can say once this is cleared up and if noted that you do not need EPC’s on listed buildings than the EPC placed on the listed building will be classed as a voluntary EPC and the landlord will not be required to meet the minimum standard in 2018.
As I’m sure this is not an easy or logical situation and should you require further information please do not hesitate to contact us and we can further clarify any new progress on this matter
for the article on this please click here
www.bestcompliance.co.uk
Former Government Valuer at the Treasury, Isle of Man Government. now retired
7 年Time to change energy ratings assessments to 1'T' shirt, 2Jumper, 3Jumper and scarf, 4 overcoat jumper and scarf, and finally 5 overcoat jumper scarf and ballaclava! |Much easier to understand
Energy Consultant at SYCAMORE ENERGY ASSESSORS LTD
7 年I wonder if the Law Society has a view on this, since 2013 thousands of Listed Building must have changed ownership with no EPCs processed by their members?
Chairman of Holdens Chartered Surveyors. Offices in Lancaster and Pleasington. Past President of NAEA Propertymark. Former RICS world governing council member (GC19). ??? Blood Biker - Lancashire & Lakes
7 年A lot of potential issues arise when considering retrofitted insulation to older buildings. A thoughtful and considered approach is needed. I've seen a lot of damage unfortunately.
Completed over 10,000 Commercial EPCs. Senior Surveyor BEST Compliance
7 年Hi John Thanks for the comment. Your right there is very unclear advice from the bodies regarding voluntary EPC's however like you said common sense should prevail. There is an option in Design Builder for voluntary EPCs , its in the Project details section under transaction type and does show upon the SBEM input file. however wont show up on the register. We use this as evidence incase we ever need it in the future when the conventions are clear on this area.
Supporting property developers, landlords and investors on their journey to decarbonise their portfolio and achieve compliance with regulations
7 年Good article and as always common sense and pragmatism should prevail. You mention voluntary EPCs but there's nothing on the Register or on the EPC that would highlight this. I'm not sure there is anything within EPB Regs or MEES that provides an allowance for a voluntary EPC. I think there is still confusion in the market about voluntary EPCs. Obviously in MEES one can apply for an exemption where relevant energy efficient measures would affect the character or appearance of the building (e.g. listed buildings).