Forthcoming amendments to the EPBD Building Regulations 6 April 2012

Changes will be made to the EPBD Regulations on 6 April 2012. The summary of the changes to the EPBD Regulations are as follows:

• The changes will extend the current requirements to commission an EPC that apply to residential buildings to all residential and non residential buildings when sold or rented out

• The requirements for the provision of an EPC with written particulars will be extended to all buildings sold or rented out and the option to attach the asset rating will be removed. The requirement will only extend to the first page of the EPC

• The requirement for the statutory lodgement of air conditioning inspection reports onto the Central Register

To see the full proposed changes document please click here.

Further guidance

We have received further guidance from Landmark and DCLG in the last few days and have been issued with a Frequently Asked Questions document. To view the document, please click here.

As a summary:


• The changes to the responsible person rules for non-dwellings effectively bring the responsibility into line with the rules for dwellings and mean that the sales or letting agent is liable for ensuring that an EPC is procured and the information is made available to prospective buyers or tenants 


• Hard copy of particulars must include a physical copy of the first page of the EPC for properties brought to market on or after 6th April – if the property is on the market prior to the 6th April, then the new requirements do not apply unless there is a break in marketing


• If a property comes to market on or after 6th April, but has an existing (old style) EPC, then this can be used to satisfy the Regulations – again the first page needs to be attached to particulars


• The EPC can be reproduced in a smaller size provided it is still legible and meet any other legal obligations. A black and white copy is acceptable


• There are two new definitions for written particulars - one for buildings to be sold and one for buildings to be rented. In relation to a building to be sold, the duties apply to a written description of the property which includes at least two of the following:


o a photograph of the building or any room in the building,
o a floor plan of the building,
o the size of the rooms in the building, or
o the measured area of the building

• In relation to a building to be rented out, the duties apply to a written description of the property which includes at least two of the following:


o a photograph of the building or any room in the building,
o a floor plan of the building,
o the size of the rooms in the building,
o the measured area of the building, or
o the proposed rent

• The requirement to attach a copy of the front page of the EPC to written particulars is where an agent provides written particulars to a person (i.e. a specific individual) who may be interested in buying or renting the building. This implies that a copy of the front page of the EPC does not need to be attached to ‘advertising material’, i.e. a newspaper or window card


• Landmark will provide a technical solution which will enable property agents to retrieve the EPC from the Register and to attach it to on-line written particulars. This service has been provided at the request of property agents. More detailed information for property agents is available on request at: epc.enquiry@communities.gsi.gov.uk


• Only property agents who will need to comply with the regulations will be able to register to use this service

• The address of the non residential building can be concealed from the EPC if the address has also been omitted from the written particulars. The Regulations only allow Landmark to remove the address from a commercial EPC. This enhanced service has been provided at the request of property agents and will cost 50p. More detailed information for property agents is available on request at: epc.enquiry@communities.gsi.gov.uk

• The regulations do not permit the removal of the address from domestic EPCs

We are not in a position to provide further guidance at this stage but will inform you of any other news as soon as we receive this.

Why is this date different to the RDSAP 9.91 introduction date?

DCLG has confirmed that although RDSAP 9.91 will go live as of 1 April 2012, the amendment to the Regulations will not come into force until 6 April 2012.  The reason for this discrepancy is that in order to minimise disruption, Landmark always schedule updates for a Sunday evening.  However, Regulations must generally come into force on a single Common Commencement Date - either 6 April or 1 October.  As a result, the RDSAP date and the date the Regulations come into force are slightly out of sync.

If you are a DEA you must therefore pass your upskill exam by 1 April if you wish to continue lodging reports without interruption.