The original Energy Performance of Buildings Directive (EPBD) was implemented
in 6 April 2008 with the aim of informing potential buyers or tenants about the
energy performance of a building. The intention is that they will consider the
energy efficiency of the building as part of the business decision to buy or
occupy the building.
For buildings that are non-dwellings, apart from a few exempted properties, an
Energy Performance Certificate (EPC) is required when a building is build, sold
or rented out. EPCs for the sale or renting out of buildings that are non-dwellings
will be valid for 10 years or until a newer EPC is produced, and can be reused as
required within that period.
An EPC shows the energy efficiency rating of the building. The rating is
shown on an A–G rating scale similar to those used for fridges and other
The Energy Act 2011 regulation was established to improve the energy efficiency
of privately rented property. The regulations apply to the non-domestic private
rented sector in England and Wales.
Legislations and regulations
When the new legislation comes into force, the minimum energy efficiency
standard will be set at an ‘E’ EPC rating, in line with the domestic sector. This
will apply equally to all categories of non-domestic property.
Under the regulations, any property which is let on a tenancy and granted for a
term of 6 months or less and any property let on a tenancy for 99 years or more
is excluded. From 1 April 2018, the regulations will apply upon the granting of:
• a lease to a new tenant
• a lease to an existing tenant
Privately Related Property
From 1 April 2023, the regulations will apply to all privately rented property
in scope of the regulations, including where a lease is already in place and a
property is occupied by a tenant.
Where a tenancy is granted in certain circumstances, such as by operation of law,
the landlord will have six months from the date they become the landlord under
that tenancy to comply with the regulations. Similarly, where a non-compliant
property occupied by a tenant is sold, or is transferred to a lender in the case of
receivership, the new landlord will have six months to improve the property, or
seek to demonstrate that an exemption applies.
Bureau Veritas has the skills, expertise and knowledgeable Low Carbon
Consultants and Energy Assessors that have supported clients to improve all
categories of buildings energy performance efficiency and well vexed in the
implementation of the EU Energy Performance of Building Directives (EU EPBD).