Building Standards Division
T: 01506 600 414 F: 01506 600 401
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Your ref:
Our ref:A3427057
Dear Sir/Madam
PROPERTY ADVERTISMENTS – ENERGY PERFORMANCE CERTIFICATES
I refer to my recent letter regarding the introduction of information on energy performance within advertisements in commercial media. My letter advised that this requirement would come into force in October 2012.
This date is incorrect; legislation requiring that the energy performance indicator from the EPC must be stated in any advertisement in commercial media will come into force on 9 January 2013. My sincere apologies for this error. An amended copy of the letter, with this change highlighted is attached as Annex A.
We have received a number of queries seeking clarification on this and related issues, which I have summarised below:
Q.Please can you clarify whether properties already advertised & on the market before 9 January 2013 will require to amend their property details to include the EPC rating?
A.All properties which are being advertised for sale or rentmust display the Energy Indicator from 9 January 2013, regardless of the length of time the property has been listed.What constitutes ‘advertisement in commercial media’ is defined in regulation 5A(3) of the amended Energy Performance of Buildings (Scotland) Regulations.
Q.What is the situation with properties that have been on the market for a long time,e.g before the introduction of Home Reports – will they be required to get an EPC and display the rating?
A.An EPC for these properties should have been obtained for these buildings as, from 4 January 2009,an EPC mustbe provided to any prospective buyer or tenant. This applies to both dwellings and non-domestic properties.
Q.Under what circumstances is an EPC not required for sale or rental?
A.Regulations refer to definitions within Directive 2010/31/EU on the Energy Performance. In this respect, a building is defined as “a roofed construction having walls, for which energy is used to condition the indoor climate”.In respect of building type (regulation 4), anEPC is not required for:
(a) temporary buildings with a planned time of use of two years or less, workshops and nonresidential agricultural buildings with low energy demand; and
(b)stand-alone buildings with a total useful floor area of less than 50m² which are not dwellings.
In respect of rental, an EPC is not required on renewal of the lease of an existing tenant (regulation 5(4)).
Q.Exactly what information has to be displayed in the advert?
A.Legislation (regulation 5A) requires that the advert “states the energy performance indicator for that building or building unit”. It would be acceptable to simply include and identify the EPC band rating in the advert text, e.g. "EPC=C". For dwellings, this refers to the Energy Efficiency Rating; for non-domestic buildings, the Building Energy Performance Rating. The amount of information provided in addition, including use of colour or typeface/size of the rating is discretionary.
I hope that this information provides some clarification/guidance on the issues raised.
Yours faithfully
STEVEN SCOTT
Head of Energy & EPBD Team
Annex A
Directorate for Local Government and CommunitiesBuilding Standards Division
T: 01506 600414 F: 01506 600401
E: /
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Your ref:
Our ref:A3427057
Dear Sir/Madam
PROPERTY ADVERTISMENTS – ENERGY PERFORMANCE CERTIFICATES
I am writing to draw to your attention to changes to Scottish legislation which will impact on your membership. These relate to the provision of information on the energy performance of a building when it is offered for sale or rental.
Information on energy performance within advertisements in commercial media.
Article 12(4) of Directive 2010/31/EU the Energy Performance of Buildings introduces a requirement that, where an Energy Performance Certificate (EPC) is required on the sale or rental of a property, the energy performance indicator from that Certificate must be stated in any advertisement in commercial media.
This requirement will apply to all sale or rental transactions for which building owners are required to provide an Energy Performance Certificate under regulation 5 of the Energy Performance of Buildings (Scotland) Regulations 2008 ( Buildings types which are exempt from the need to obtain an EPC are set out in regulation 4 andremain unchanged.
Following a public consultation, the Scottish Government sought views on the level of information to be provided within the advert and also on the definition of “commercial media”. Respondents were of the view that only the EPC banding was required for advert, e.g. EPC – C, and that a clear definition be provided for the term “commercial media”. The consultation and Scottish Government response can be accessed at
In response to the consultation, the Energy Performance of Buildings (Scotland) Amendment No. 2 Regulations 2012 - SSI 2012/208 have now been laid in Parliament. This introduces the requirement for the inclusion of the energy performance indicator within advertisements from 9 January 2013. These requirements are set out within a new regulation 5A, which includes a clear definintion of “commercial media”, with enforcement powers conferred through new regulation 17A. A weblink to the legislation is attached for ease of reference:
Requirement to provide recommendations report with an EPC.
Where an Energy Performance Certificate is produced, it is accompanied by a Recommendations Report offering further information and advice to building owners on their building and how it can be improved. Previously, there was no requirement to make this document available. From 1 October 2012, regulations require that both the EPC and Recommendations Report are made available to potential owners or tenants and provided to the new owner or tenant. These provisions are set out in amendment to regulation 5, which can be viewed through the above link, with enforcement powers conferred through existing provisions within regulation 14.
You should note that, as with the need to provide an EPC on sale or rental, these regulations imposes a duty on the building owner which, if not met, can result in enforcement action and the issue of a penalty charge notice by the local authority. It is therefore essential that property professionals are aware of these requirements and the need for appropriate advice and action when appointed by a building owner.
Should you require any further information, or should you wish to discuss this matter please do not hesitate to contact me.
Yours faithfully
STEVEN SCOTT
Head of Energy & EPBD Team
Denholm House, AlmondvaleBusinessPark, Almondvale Way,Livingston, West Lothian EH54 6GA
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