Licensees risk £5,000 EPC property fine

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Licensees trying to sell their pubs are putting themselves at risk of a fine of up to £5,000 for not having secured an Energy Performance...

Licensees trying to sell their pubs are putting themselves at risk of a fine of up to £5,000 for not having secured an Energy Performance Certificate (EPC), industry figures have warned.

The deadline for obtaining an EPC, which measures the energy efficiency of a building, passed on January 4. It is now illegal to market a commercial property without one.

However Andrew Whelan, director of EPCforProperty, a specialist business designed to assist vendors and landlords with obtaining an EPC, and Roger Lawrie, a partner at energy compliance firm Envitae, have warned that properties are still being marketed without them.

"There is no doubt that some people are unaware that if they are to sell their property, they will need an EPC certificate," said Whelan.

"If agents are now marketing commercial properties without EPCs in place, then you, their client, could be liable for a fine," he said. "Penalties range from a minimum of £500 and are capped at a maximum of £5,000. In addition this will prevent or delay the sale or letting of a property."

He also warned that Trading Standards, which is charged with enforcing the legislation, will soon be looking to contact vendors to make sure they have an EPC in place.

Lawrie added: "Owners or their managing agents risk fines, damaging their green credentials and miss the opportunity of making their property more appealing for sale or rent."

Mark Greig, managing director of property company Paramount Investments said: "We anticipate that the January 4 deadline will cause some problems, although we think these will be temporary and minor.

"There isn't a great deal of awareness of the law relating to EPCs. So far, given the deadline has only recently passed and that local authorities have not been assiduously enforcing the legislation, it has not affected us."

He added that many pubcos, such as Admiral Taverns and Enterprise Inns, are helping their licensees obtain EPCs themselves, or are employing outside firms to assist them.

Related topics Property law

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