Energy Performance of Buildings (England and Wales) Regulations 2012
What this means for your business
- Enforced by
- Ofgem
- Applies to
- United Kingdom
- On this page
- 19 compliance obligations, 5 practical guides across 2 topics
What you must do
19 compliance obligations under this legislation.
Risk assessment 1
Carry out energy assessments with reasonable care and skill
If you provide an energy assessment (for example an Energy Performance Certificate or a Display Energy Certificate), you must do it competently and accurately. The assessment must be carried out with the skill and care expected of a professional, otherwise the client, buyer, tenant or building occupier can take civil action against you.
Inspections 1
Arrange EPC inspection within 3 months after ownership change
If the person responsible for a building changes and they haven’t received an inspection report, they must get the building’s energy performance inspected within three months of taking over. This keeps the EPC up‑to‑date and ensures compliance with the regulations.
Management duties 5
Allow access and cooperate with energy assessors
If your business owns or occupies a building that needs an Energy Performance Certificate, a Display Energy Certificate, a recommendation report, or an air‑conditioning inspection, you must let the appointed assessor into the building and help them carry out their work. This means providing reasonable access and any information they reasonably require.
Display a valid energy performance certificate
If you run a non‑dwelling building larger than 500 m² that the public visits regularly, you must keep a current Energy Performance Certificate (EPC) and put it in a prominently visible spot for anyone who enters the building. The display must be continually in place while the building is open to the public.
Notify assessor and obtain EPC for excluded building
If you need an Energy Performance Certificate for a building that is classed as ‘excluded’, you must tell the assessor it is excluded and ask for the certificate under this special rule. The certificate must follow the standard EPC format, contain no personal data (apart from the address), be no older than 10 years and be the only EPC issued for that building.
Provide a valid EPC free to buyers or tenants
If you are selling or letting a building, you must give a valid Energy Performance Certificate (EPC) to anyone who might buy or rent it, and you must do so at no cost. The EPC has to be supplied as soon as you first provide any written information about the property, or when the prospect views the property – whichever comes first. You also have to make sure the final buyer or tenant receives the EPC.
Secure an Energy Performance Certificate before marketing a property
If you are putting a building up for sale or rent, you must arrange for an Energy Performance Certificate (EPC) before you start marketing it. You need to make reasonable efforts to have a valid EPC within 7 days of the first advertising, and if that fails, you must obtain the certificate within a further 21 days.
Notifications 3
Notify assessor and request a display energy certificate for excluded buildings
If you need a Display Energy Certificate (DEC) for a building that is classed as ‘excluded’, you must tell the energy assessor that the building is excluded and ask them to issue the DEC under this special rule. The assessor must then produce the DEC without entering any building data onto the public register.
Notify assessor of excluded building and request written report
If you ask an energy assessor to inspect a building that is classed as ‘excluded’, you must tell the assessor that it is excluded and ask them to produce a written inspection report. The assessor must then give you the report as soon as practicable and must not upload any data about the building to the public register.
Provide EPC and notify local authority after construction
When you build a new building or make a significant alteration that changes its parts or services, you must give the building owner an Energy Performance Certificate and send a notice to the local authority with the EPC reference. This must be done within five days of finishing the work.
Payments and fees 1
Respond to penalty charge notices within 28 days
If an authorised officer thinks you have broken an energy‑performance duty, they can give you a penalty charge notice. You must either pay the charge or ask the authority to review the notice within at least 28 days of receiving it (or any longer period they set). Failing to do so can lead to further enforcement action.
Offences and prohibitions 2
Disclose energy performance data without permission
Unlimited fineIf you share data collected under the Energy Performance of Buildings Regulations with anyone unless the disclosure is allowed by regulations 29A, 30, 30A or 32, you commit an offence. A conviction in the magistrates' court can result in an unlimited fine. No imprisonment is provided for this breach.
Obstruct or impersonate an enforcement officer
Unlimited fineIf you block or hinder a Building Standards Regulator, Planning Inspectorate, Historic England, Homes England or any other enforcement officer from carrying out duties under regulation 35, or if you falsely claim to be such an officer, you are committing a criminal offence. A conviction in the Magistrates’ Court results in an unlimited fine. No prison term is prescribed for this offence.
Record keeping 2
Keep and transfer the latest energy inspection report
You must retain the most recent energy‑performance inspection report for the building you are responsible for. If the responsibility for the building passes to someone else, you must give them any report you have kept. This ensures the new person can continue to meet energy‑performance obligations.
Keep a recommendation report and display an EPC in public buildings
If you run a building that is occupied by a public authority and the public often visits it – for example a school, office block or council depot – you must keep a valid recommendation report on the building’s energy performance. In addition you must display an Energy Performance Certificate in a prominent place that anyone who visits the building can see, and keep it up to date.
Registration and licensing 2
Be a member of an approved energy‑assessor accreditation scheme
If you or your company carry out energy assessments for buildings in England or Wales, you must belong to an accreditation scheme that the Secretary of State has approved. This ensures your assessments are consistent, accurate and meet the required standards.
Enter assessment data on register before issuing certificates
If your business provides energy performance certificates, display energy certificates, inspection reports or recommendation reports, you must upload the calculation data (including any Green Deal information) to the official register before giving the document to the client. The entry must have a unique reference number, cannot be altered (except where allowed for Green Deal data), and must be kept for at least 20 years.
Reporting and filing 2
Include energy performance rating in property adverts
If you advertise a building or flat for sale or rent after 9 January 2013 and you have a valid Energy Performance Certificate, you must show the rating (A+‑G) in every commercial advertisement. This means any online listing, newspaper ad, brochure or other marketing material must display the EPC rating.
Include related‑party disclosures in EPCs and inspection reports
When you hire an energy assessor to produce an Energy Performance Certificate (EPC) or building inspection report, the assessor must state any personal or business connections they have with you, the person who asked for the report, or anyone who might benefit from the building. This ensures the EPC is unbiased and transparent.
Penalties for non-compliance
2 penalties under this legislation. 2 carry an unlimited fine.
Disclose energy performance data without permission
Unlimited fine
Obstruct or impersonate an enforcement officer
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
Set up a property letting business
Five mandatory compliance requirements for lettings agents operating in England. Register before you trade to avoid penalties up to £30,000.
Energy Performance Certificates for business premises
When you need an Energy Performance Certificate for commercial property, the minimum E rating requirement for lettings under MEES, penalties …
Air conditioning and F-gas compliance
How to comply with air conditioning inspection requirements and F-gas regulations for your business premises. Covers mandatory AC inspections for …
Building compliance checklist for business premises
A checklist for business owners and building managers to verify that their premises meet key building services and building envelope …
Meet energy efficiency standards for let properties
Legal requirement to achieve minimum EPC rating E for residential lettings. Covers England and Wales MEES regulations, exemptions, and penalties …
Sections and provisions
58 classified provisions from this legislation.
Duties 23
- s.6 Energy performance certificates on sale and rent The relevant person
- s.7 Energy performance certificates on marketing person subject
- s.10 Display of energy performance certificates
- s.11 Statement of energy performance rating
- s.14 Duties relating to display energy certificates and recommendation reports occupier of a building
- s.20 Keeping of records etc The relevant person
- s.21 Changes of relevant person the new relevant person
- s.22 Accreditation schemes
- s.23 Related party disclosures
- s.24 Duty of care
- s.27 Registration of certificates etc
- s.34 Enforcement authorities enforcement authority
- s.36 Penalty charge notices representations relating
- s.39 Reviews
- s.45 Duty to cooperate
- s.47 Review
- Annual reports by enforcement authorities Annual reports by enforcement authorities enforcement authority
- Display energy certificates for excluded buildings Display energy certificates for excluded buildings data relating
- Energy performance certificates in respect of excl Energy performance certificates in respect of excluded buildings data relating
- Energy performance certificates on construction Energy performance certificates on construction
- ... and 3 more duties
Offences and penalties 3
Powers 3
Definitions 6
- s.4 Recommendation reports recommendation report building element major renovation
- s.17 Application and interpretation of Part 4 effective rated output
- s.26 Meaning of energy assessment
- s.32 Disclosure by keeper of register anonymised form Green Deal Ombudsman
- s.42 Service of documents
- Green deal information Green deal information green deal assessment green deal assessor green deal provider
Exemptions 11
- s.5 Application of Part 2
- s.8 Buildings to be demolished
- s.9 Energy performance certificates
- s.15 Display energy certificates
- s.16 Change of occupier
- s.18 Inspections of air-conditioning systems
- s.19 Reports
- s.25 Right to copy documents
- s.30 Disclosure of general access data
- s.44 Application to the Crown
- Disclosure of assessment data Disclosure of assessment data