An EPC is only required for a building when constructed, sold or let. A building can either be; the whole of a building; or part of a building, where the part is designed or altered to be used separately.

An EPC is not required for a building which is a place of worship, a temporary building, a detached building of less than 50m2, a building with a low energy demand or a building which is to be demolished.

When a building being constructed is physically complete, it is the responsibility of the person carrying out the construction to give an EPC. For an existing building it is the responsibility of the agent, seller or landlord offering the accommodation for sale or let to make an EPC available for their building.

The penalty for failing to make an EPC available to any prospective buyer or tenant when selling or letting non-dwellings is fixed, in most cases, at 12.5 per cent of the rateable value of the building, with a default penalty of £750 where the formula cannot be applied.

The range of penalties under this formula are set with a minimum of £500 and capped at a maximum of £5,000.


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