Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
What this means for your business
- Enforced by
- Ofgem, Homes England
- Applies to
- United Kingdom
- On this page
- 9 compliance obligations, 2 practical guides across 2 topics
What you must do
9 compliance obligations under this legislation.
Management duties 6
Do not let sub‑standard non‑domestic rented property
Unlimited fineIf you let a non‑domestic property, you must not start a new tenancy, extend/renew an existing tenancy, or keep the tenancy going unless the property meets the required energy‑efficiency standards or you qualify for a specific exemption. In practice you need to check the building’s rating before any tenancy starts or continues and either upgrade it or record that an exemption applies.
Do not let sub‑standard rental property
Unlimited fineIf you let a domestic private‑rented home, you must make sure it is not classed as ‘sub‑standard’ under the Energy Efficiency Regulations. You can only let it if the required improvements have been carried out (or an exemption applies). This rule applies to any new tenancy from 1 April 2018, to renewals/extensions, and to existing lettings after 1 April 2020.
Do not unreasonably refuse a tenant’s energy‑efficiency improvement request
If you rent out a property in England or Wales and a tenant asks you to carry out a specific energy‑efficiency upgrade, you must give consent unless you have a reasonable ground to refuse. You can only refuse if the situation falls under one of the listed exceptions (e.g., a similar request was already dealt with, a relevant housing notice is in force, an expert says the work would damage the property, or you previously proposed the same work).
Maintain energy‑efficiency standards for non‑domestic rented premises
Fine up to £150,000If you own and rent out a commercial property, you must keep it compliant with the energy‑efficiency rules set out in regulation 27. If you fail to comply, you could be hit with a fine of up to £150,000 and a publication penalty. The higher the breach, the higher the fine.
Respond to tenant’s energy‑efficiency improvement request
When a tenant asks you to make an energy‑efficiency improvement, you must reply promptly. You need to send an initial response within one month, provide any required copies to a superior landlord, and issue a full response (including any counter‑proposal) within the time limits set out in the regulations.
Respond to tenant’s energy‑efficiency improvement request within six weeks
If you are a superior landlord and receive a tenant’s request for an energy‑efficiency improvement that needs your consent, you must not refuse without good reason. You have to send a written reply within six weeks, saying whether you agree and, if you refuse, giving clear reasons and any supporting evidence.
Notifications 1
Serve regulatory notices in writing to the correct recipient
When you need to send a notice under the Energy Efficiency (Private Rented Property) Regulations, you must do it on paper and you can send it by post. You must address the notice to the right person – the secretary or clerk for a body corporate, or any partner or the person who runs a partnership. This ensures the notice is legally valid.
Registration and licensing 2
Register exemption details on the PRS Exemptions Register
If you own a private rented property that does not meet the required energy‑efficiency standard and you want to rely on a statutory exemption, you must put the relevant details onto the government's PRS Exemptions Register. The register is used by the Secretary of State and enforcement bodies, and the information you provide will be published publicly.
Register exemption information for private rented properties
If you are a landlord and you rely on an exemption from the energy‑efficiency rules for a privately‑rented property, you must put a set of details onto the PRS Exemptions Register before the property is let. The register must show who you are, which exemption you are using, the EPC, any improvement work carried out or not carried out, and any evidence you rely on for the exemption.
Penalties for non-compliance
3 penalties under this legislation. 2 carry an unlimited fine.
Maintain energy‑efficiency standards for non‑domestic rented premises
Fine up to £150,000
Do not let sub‑standard non‑domestic rented property
Unlimited fine
Do not let sub‑standard rental property
Unlimited fine
Practical guidance
Our guides explain how to comply with the requirements above.
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 …
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
46 classified provisions from this legislation.
Duties 10
- s.3 Service of documents
- s.4 Duty to review report
- s.10 Landlord’s duty not to unreasonably refuse a tenant’s request energy efficiency improvement
- s.11 Superior landlord’s duty not to unreasonably refuse a tenant’s request the superior landlord
- s.12 Landlord’s initial and full response to tenant’s request
- s.23 Prohibition on letting of sub-standard property
- s.27 Prohibition on letting of sub-standard non-domestic PR property
- s.36 PRS Exemptions Register enforcement authority
- s.41 Breaches in relation to non-domestic PR property
- Information to be registered on the PRS Exemptions Information to be registered on the PRS Exemptions Register
Offences and penalties 6
Powers 3
Definitions 14
- s.2 General interpretation the Act approved methodology building
- s.5 Domestic PR property domestic PR property
- s.6 Relevant energy efficiency improvements
- s.7 Landlord and tenant tenant superior landlord
- s.8 Request for consent to relevant energy efficiency improvements
- s.13 Counter proposal
- s.19 Domestic PR property domestic PR property
- s.20 Non-domestic PR property non-domestic PR property
- s.21 Landlord and tenant tenant landlord
- s.22 Sub-standard property
- s.24 Relevant energy efficiency improvements
- s.28 Relevant energy efficiency improvements Bank of England base rate
- s.34 Enforcement authorities
- s.35 Authorised officers
Exemptions 8
- s.9 Circumstances in which a request for consent to relevant energy efficiency improvements may not be made
- s.15 Consent exemption
- s.16 Devaluation exemption
- s.25 Relevant energy efficiency improvements undertaken
- s.29 Relevant energy efficiency improvements undertaken
- s.31 Consent exemption
- s.32 Devaluation exemption
- s.33 Temporary exemption in certain circumstances