Q: Is and when is an Energy Performance Certificate needed for holiday accommodation?
An Energy Performance Certificate is required for a property rented out as a holiday let as of 30th June 2011.
Q: Has there been a change in the existing regulatory regime?
No. The existing Energy Performance of Buildings Regulations1 have been in force since 1 October 2008 and state that any building that is constructed, sold or rented must have a Certificate. It does not exclude short term holiday lets.
Q: Where does the Energy Performance of Buildings Regulations come from?
A: They flow from the European Union Energy Performance of Buildings Directive.
Q: Where do they apply?
England and Wales only. Scotland and Northern Ireland have their own arrangements.
Q:
At what point is an Energy Performance Certificate required?
On sale, rent or construction of a building. The owner or managing agent of the holiday let must obtain the Certificate at, or before the point, when a property is first rented out.
Q: Whose responsibility is it to ensure that a holiday let has an Energy Performance Certificate?
The owner of the property is responsible.
Q: How long does it last?
The Certificate is currently valid for 10 years.
Q: How long does it take?
About an hour to complete the inspection.
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Q: How long until I get the Certificate?
If you come to hPASS, you will have the certificate usually the following day.
Q: Is a holiday home counted as a residential or commercial property?
It would depend on the individual circumstances but we would expect the majority of holiday homes to be residential properties, notwithstanding that they are run as commercial enterprises and business rates are payable. Both residential and commercial properties require Energy Performance Certificates.
Q: Who is qualified to undertake the Energy Performance Certificate?
You would need a qualified domestic energy assessor (DEA). This is because the domestic Certificate is more likely to fit the particular characteristics of a holiday home. Therefore the Certificate would have to use a model called Reduced data Standard Assessment Procedure and lodged on the Domestic Energy Performance Certificate Register.
Q: Do hPASS have energy assessors qualified to undertake Holiday Let EPCs?
Yes, hPASS has a network of qualified domestic energy assessors (DEA). Foor more information please call 0845 26 96 106.
Q: How do you define a building?
A building is defined as a roofed construction having walls for which energy is used to condition the indoor environment. A building can include a part of a building where this is a self sustained unit such as an apartment.
Q: What about mobile homes, caravans and park homes?
The Certificate is only required for a building or part of building which has walls, a roof and an energy conditioned interior. Mobile homes, caravans and park homes are not considered to be buildings as defined and are exempt.
Q: Does it apply to bed and breakfast accommodation as well? What about hotels?
Individual rooms do not normally need an Energy Performance Certificate when they are rented out. However, a Certificate would be needed if the whole building was put up for sale.
Q: What about holiday parks?
This depends on the individual circumstances. If the holiday park is actually selling a holiday rather than letting a specific property, then this is not covered by the Energy Performance of Buildings Regulations.
Q: Are there any other exemptions?
Yes. Places of worship, temporary buildings with a planned time of use of two years or less, industrial sites, workshops and non-residential agricultural buildings with low energy demand and stand-alone buildings with a total useful floor area of less than 50m2 which are not dwellings are all exempt.
Q: What if there is a restriction on the use to which the property can be put, for example if the local authority says it cannot be used as a dwelling?
It will still need an Energy Performance Certificate unless it is a stand-alone building with a total useful floor area of less than 50m2.
Q: If the property owner pays all of the utility bills, does it still need an Energy Performance Certificate?
Yes.
Q: Why are properties which are rented out for less than 4 months not being asked to provide an Energy Performance Certificate?
The European Union Energy Performance of Buildings Directive permits Member States not to extend this requirement to properties rented out for less than 4 months.
Q: Who is responsible for enforcement?
Trading Standards Officers.
Q: What is the penalty for non-compliance?
£200 per dwelling or 12.5 per cent of business rates for commercial buildings.
Q: How quickly after 30 June 2011 are owners expected to hold an Energy Performance Certificate or have commissioned it?
Enforcement is a matter for Trading Standards Officers to decide. However, the regulations allow owners a reasonable amount of time to comply.
Q: Is there any defence against non-compliance?
Yes: being able to demonstrate that a Certificate has been commissioned within a reasonable time before letting the property.
Q: Will the new guidance be retrospective or will it be a requirement only for those properties let after 30 June 2011?
The guidance will not be applied retrospectively.
Q: How should the Certificate be made available?
At present, the Energy Performance Certificate rating should be made available (in electronic or paper format) to a prospective tenant at the earliest opportunity; and in any event before entering into a contract to rent out the building.
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