Current Legislation for vendors - 2012
An Energy Performance Certificate is now required by legislation when selling a property. The EPC shows the energy efficiency of the property and gives advice on how to make further energy savings. Whilst the owner is not legally obliged to carry out improvements, it is a useful assessment on the property's impact on the environment which potential buyers might want to consider.
In order to ensure that people selling their homes continue to make an Energy Performance Certificate available to prospective buyers the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010 introduce a number of new requirements including:
A new duty on the seller is to ensure that an energy performance certificate (EPC) has been commissioned before marketing of the property commences where no such certificate is already available.
An EPC has been commissioned when a Domestic Energy Assessor has been instructed to prepare the EPC and the EPC has either been paid for or has given a clear undertaking to pay for it.
A new duty on the person acting on behalf of the seller to be satisfied that an EPC has been commissioned before commencing marketing.
A new duty on both the seller and a person acting on their behalf to make reasonable efforts to secure an EPC within 28 days
In short, the EPC needs to have been carried out prior to the house being put on the market and therefore it is within our duty of care to ensure that this is the case before we begin any marketing activity. -