The government are great when it comes to energy performance certificates (EPCs) and buildings they state do not need an EPC. They love a bit of ambiguity – just ask owners of holiday lets if they need an EPC for their property (the answer is yes, but also no depending on how much it’s used, if you live in it while a guest stays, who pays the energy bills and HMRC definitions, see what we mean…).
As many homeowners are aware, energy performance certificates are a legally required document when selling, renting or buying a home. They rate the property from A to G with A being the most efficient. They also provide recommendations on how to improve the energy efficiency of a property.
If you own a listed building and are thinking of selling, you’ll pay particular attention to a certain paragraph in the government’s Buying or Selling Your Home EPC guide.
Under the buildings that do not need an EPC section, it states: Listed buildings - you should get advice from your local authority conservation officer if the work would alter the building’s character.
Read that and on the face of it, you’d be forgiven for thinking you do not need one when it comes to instructing the estate agent given it is listed under the ‘do not need an EPC’ section. It is also a somewhat widely held view that listed buildings do not need a certificate since 2013. It is also often implied by many listed building organisations that EPCs are not a requirement.
However, drill down and deconstruct what the government is actually saying here and when you break down what is being said, the answer and advice is quite the opposite. We are fans of plain English and simple terms, so let us explain.
The guidance for EPCs is simple, if you are selling or renting a property you need an EPC by law, that is clearly stated. When it comes to listed buildings, part 2 of the Energy Performance of Building Regulations 2012 states buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy efficiency performance requirements, would unacceptable alter their character or appearance.
What the government is likely referring to about the building works is something known as the minimum energy efficiency standards – also known as MEES. Domestically, these apply to rented properties and require that a property must be a minimum of an E rating or above to be rented out.
Therefore if your listed property is rated F and below – and most are – what owners cannot do is install energy measures that will unacceptably alter the character and appearance of said listed building to ensure it meets the MEES standards.
You couldn’t rip out century old sash windows for modern UPVC double glazing or cavity fill an historic wall and leave filled in holes everywhere for example. However, you could do measures such as improving the boiler, the water tank, loft insulation etc as these would not necessarily impact on a building’s appearance given they’d be out of sight. Owners will not know what measures are recommended unless they receive an EPC in the first place.
This is where the advice about speaking to a local conservation officer is relevant and potential exemptions may apply – if they say no to any works you want to do that will impact on the appearance or character of a listed building, and it then becomes clearer there is no prospect of achieving a minimum E rating without then impacting on the building’s character and appearance, then owners can use this as part of their exemption application.
So, in summary, if you are selling a listed building, the government guidance is clear and the advice remains that you do need an EPC as MEES does not apply to domestic properties being sold. If you are renting out a listed building then yes, that’s when you may not need an EPC for the listed building and the exemptions apply, not ‘you do not need one’.
All we need now is for the government to employ a Plain English Director and give the guidance a quick reword to remove any confusion, which we are all for.