It seems like many letting agents (and estate agents posing as letting agents) are confused by, or ignoring recent changes to EPC regulations when it comes to written particulars and advertisements.

The Energy Performance of Buildings (England and Wales) Regulations 2012 took effect on 9 January 2013 and the regulations revoke The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 and all the many amending regulations from 2007 to 2012. 

The biggest change is probably the removal of the requirement to put the front page of the EPC into advertisements and lettings particulars which is now replaced with a requirement to insert the asset rating.

Under the old rules, the front page of the EPC was required to be put into written particulars which included certain marketing material such as displays, lettings particulars etc.

However, the requirement to put the front page of the EPC into particulars has been removed. From 9 January 2013, the asset rating of the building expressed in the energy performance certificate must be stated in any advertisement of the rental in commercial media.

Where a building or building unit to which this regulation applies is offered for sale or rent on or after 9th January 2013, the asset rating of the building expressed in the energy performance certificate must be stated in any advertisement of the sale or rental in commercial media. [Regulation 11]

Commercial media is defined in the DCLG guidance as being (but not limited to):

• newspapers
• magazines
• written material produced by the landlord/agent that describes the building being offered for rent
• the internet

Asset rating is defined in regulation 2 as:

a numerical indicator of the amount of energy estimated to meet the different needs associated with a standardised use of a building, calculated according to the methodology approved by the Secretary of State pursuant to regulation 24 of the Building Regulations 2010.

The regulations make no mention nor requirement to insert the graph whatsoever despite what the guidance suggests. it’s unclear what is meant by “adequate space?” The guidance also refers to inserting the letter representing the numerical score.

The prospective landlord or letting agent should place either (or both) of the following within the media:

• the asset rating by way of a numerical score and representative letter e.g. “Energy Efficiency Rating 44 – Band E” or,

• insert the graph from the EPC which contains the asset rating band. The graph may be more visually pleasing and understood by prospective tenants.

Are you complying with these new regulations?