Changes to EPC Regulations: A Guide for Landlords

 
05/06/2023

Changes to EPC Regulations: A Guide for Landlords

Energy Performance Certificates (EPCs) are now essential in the UK rental market, playing a vital role in promoting and enhancing energy efficiency. It is the legal responsibility of landlords in the UK to ensure that their rental properties possess a valid EPC and adhere to the Minimum Energy Efficiency Standards.

 

The UK government's commitment to ambitious energy efficiency targets has prompted a continuous review and update of EPC regulations. Adapting to these evolving standards can be a challenge for landlords striving to maintain compliance.

 

In this comprehensive article, we will delve into the historical changes in EPC regulations, highlight the significance of these certificates, and shed light on the upcoming alterations that will impact UK landlords.

 

Armed with the knowledge provided in this article, landlords can proactively prepare for impending changes, ensure adherence to regulations, and actively contribute to the creation of a more sustainable future for the UK rental market.

What is an Energy Performance Certificate (EPC)?

An Energy Performance Certificate (EPC) is a valuable document that assesses a property's energy efficiency, providing it with a rating on a scale of A-G. This rating system allows tenants and landlords to easily understand a property's energy consumption and carbon footprint, making EPCs an essential tool for promoting energy conservation in the rental market. Since its introduction in 2008 in England and Wales, EPCs have become a fundamental component of nationwide energy conservation initiatives.

Obtaining an EPC is a simple and streamlined process. Landlords are required to schedule an appointment with a government-approved and accredited assessor who will evaluate the property's energy efficiency. The assessment includes an examination of the construction, insulation, heating systems, and windows of the property.

The resulting EPC provides valuable information, including:

  • Energy efficiency rating
  • Estimated energy costs
  • Recommendations for improvement
  • Potential energy efficiency rating if suggested improvements are implemented

EPCs remain valid for ten years, after which landlords must arrange for a reassessment to ensure the accuracy and relevance of the energy performance information, accounting for any modifications made to the property during that time.

By adhering to the EPC requirements, landlords can effectively monitor and enhance their properties' energy efficiency, contributing to a greener and more sustainable future.

What is the Importance of EPCs?

The significance of Energy Performance Certificates becomes even more apparent when considering the impact of domestic carbon emissions in the UK. According to the Office for National Statistics (ONS), households contribute to a substantial 26% of the country's total emissions. This statistic underscores the critical importance of reducing the carbon footprint within the rental market, with EPCs serving as a crucial tool in achieving this goal.

 

Aligned with global climate objectives, the UK government has set an ambitious target of achieving net-zero greenhouse gases by 2050. Meeting this target heavily relies on our ability to curtail domestic carbon emissions.

 

In response to this imperative, the government has introduced proposed EPC regulations that will impose stricter requirements. These regulations are set to take effect by 2025 for existing tenancies and by 2028 for new tenancies. Through these measures, the government aims to forge a more sustainable and environmentally friendly future for the UK's housing sector, including the rental market.

 

EPCs assume a significant role in shaping the nation's pursuit of a greener future by fostering awareness and encouraging energy efficiency. They serve as a valuable tool in promoting sustainable practices within the rental market and contribute to the broader efforts aimed at creating a more sustainable and environmentally conscious society.

What are the Current EPC Requirements for Landlords?

The government implemented the Minimum Energy Efficiency Standards (MEES) with the aim of enhancing energy efficiency in privately rented houses and buildings.

 

Since April 2020, the MEES regulations for domestic properties have prohibited landlords from renting out properties that have an Energy Performance Certificate (EPC) rating below E (unless an exemption applies, which will be discussed later).

 

Landlords who have properties with an EPC rating of F or G are required to take steps to improve the energy efficiency of the property to achieve a rating of E or higher before entering into a new tenancy agreement.

 

It is important for landlords to adhere to the MEES and EPC regulations as non-compliance can lead to significant penalties. Those who fail to comply may face fines of up to £5,000.

 

How are EPC Regulations Changing?

In December 2020, alongside the implementation of the existing Minimum Energy Efficiency Standards (MEES), the government unveiled plans to further elevate energy efficiency standards for privately rented homes. These developments, as outlined in the government document "Improving the Energy Performance of Privately Rented Homes in England and Wales," signal a substantial shift for landlords.

 

As per the document, starting in 2025, the MEES for residential properties will be raised, necessitating a minimum Energy Performance Certificate (EPC) rating of C for all new tenancies. This heightened minimum EPC rating will subsequently apply to all ongoing tenancies from 2028 onwards.

 

These new regulations will be accompanied by more stringent enforcement measures. Penalties for non-compliance will see a significant increase. By 2028, landlords who fail to meet the revised EPC requirements could face fines of up to £30,000.

 

How can Landlords Prepare for the New EPC Regulations?

While the proposed changes to the EPC regulations in 2025 and 2028 may seem distant, it is crucial to recognize that the timeline is closer than it appears.

 

According to Octane Capital, experts in property lending, over two-thirds of privately rented properties in England and Wales currently have an EPC rating below grade C. Rather than delaying the addressing of energy efficiency concerns, landlords should take proactive steps to improve their properties' energy efficiency sooner rather than later.

 

For properties currently meeting the minimum requirement of EPC grade E, upgrading to grade C will likely involve substantial work and investment. Government estimates indicate that the necessary improvements to achieve an EPC C rating will cost landlords around £4,700.

 

Landlords should begin by reviewing their property's existing EPC, which provides recommendations for enhancing energy efficiency. Using this information, they can commence planning and budgeting for the required upgrades.

 

Landlords who believe their property may qualify for an exemption from the MEES should promptly register their exemption to ensure compliance with the regulations.

 

Are There any Exemptions From EPC Regulations?

In certain situations, landlords may be eligible for exemptions from the Minimum Energy Efficiency Standards (MEES) if they can demonstrate that their property cannot be improved to meet the minimum rating.

Registering for an exemption is free of charge, and landlords must provide supporting evidence for their exemption claim.

Various types of exemptions include:

  1. High-cost exemption
  2. 7-year payback exemption
  3. All improvements made exemption
  4. Wall insulation exemption
  5. Consent exemption
  6. Devaluation exemption
  7. New landlord exemption

Under the current regulations, some properties may be exempt from EPC regulations if the cost of necessary upgrades exceeds £3,500. However, it is important to note that this threshold is set to change in 2025. From 2025 onwards, the cap for exemption will increase to £10,000.

For more detailed information regarding the specific criteria for each exemption, landlords can refer to the government website.

How Will the Changes to MEES and EPC Regulations Affect the Rental Market?

The proposed revisions to the Minimum Energy Efficiency Standards (MEES) have the potential to significantly impact the rental market, placing higher obligations on landlords and potentially exacerbating the existing scarcity of rental properties.

 

These forthcoming regulations demonstrate the government's commitment to advancing energy efficiency standards within the rental sector. Landlords will be required to undertake substantial upgrades to enhance the energy efficiency ratings of their rental properties. As a result, the rental market is expected to transition into a more sustainable landscape characterized by properties with improved insulation, highly efficient heating systems, and reduced carbon footprints.

 

Implementing the necessary improvements to align rental properties with the new Minimum Energy Efficiency Standards will enable landlords to offer more appealing and energy-efficient homes to their tenants. This will benefit landlords by enhancing tenant satisfaction and potentially increasing the property's value.

 

The enforcement of higher energy efficiency standards also holds significant advantages for tenants. They can enjoy a healthier living environment, increased comfort, and the potential for reduced energy costs.

 

What are the Downsides to MEES Regulations?

The proposed changes also come with potential drawbacks to consider. One significant concern is the potential impact on the current shortage of rental properties in the UK.

 

The revisions to EPC regulations could create a disparity in property values, with higher energy efficiency ratings driving up property prices while lower-rated properties may see a decline. The substantial costs associated with purchasing energy-efficient properties or upgrading properties with lower ratings may discourage potential landlords from entering the market.

Moreover, existing landlords may face significant expenses to upgrade their properties to meet the new standards, especially if they own older properties. As a result, there is a risk that some landlords may choose to sell their properties instead of bearing the costs of extensive upgrades.

 

Another concern is the possibility of landlords passing these costs onto tenants through increased rents.

 

While the forthcoming changes to MEES represent a positive step toward a more sustainable rental market, they do present challenges that landlords must carefully navigate.

 

Landlords can benefit from proactive planning and preparation in anticipation of the new EPC regulations. Starting early allows for compliance and helps mitigate potential financial burdens that may arise from last-minute upgrades.

 


 
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