WHEN MUST AN EPC BE OBTAINED?
There is no requirement generally to obtain an EPC for a building. It is only required "where a building is to be sold or rented out."
Then the seller or prospective landlord must:
- Make available free of charge
- A valid EPC
- To any prospective buyer or tenant
- At the earliest opportunity
- As soon as any information in writing is provided
- Or (if earlier) at the time of first viewing
- And before "entering into a contract to sell or rent out the building"
Then the seller or prospective landlord must:
- Make available free of charge
- A valid EPC
- To any prospective buyer or tenant
- At the earliest opportunity
- As soon as any information in writing is provided
- Or (if earlier) at the time of first viewing
- And before "entering into a contract to sell or rent out the building"
The obligation does not apply if it is reasonably believed that the buyer or tenant:
- Does not have the resources to buy or rent the building
- Is not genuinely interested in buying or renting such a building
- Is not someone to whom a sale or letting would be likely to be made (without unlawful discrimination, of course)
Nor does it apply where:
- The building is sold or let with vacant possession
- The building is suitable for demolition
- The resulting site is suitable for redevelopment and the seller or landlord believes on reasonable grounds that the prospective buyer or tenant intends to demolish the building. There is an overriding duty to ensure that the eventual buyer or tenant has been given, free of charge, a valid EPC. The EPC may be a copy of the original (there is no requirement that it be certified as a true copy). An EPC may also be supplied electronically, if the recipient consents.
