FAQ'S

An Energy Performance Certificate gives each property an energy efficiency rating and measures its carbon efficiency. It’s a bit like the energy stickers you see on new white goods. You can see an example of what a Scottish EPC looks like below. Accompanying the certificate is a recommendations report on how to make the property more energy and carbon efficient.

Click here to see a sample Scottish EPC

If you are a landlord and let your residential property out on a Scottish Short Assured Tenancy, you will need a Scottish EPC. Commercial properties, such as offices, also need one. There are a few exceptions, such as some bedsits and holiday lets. For full details, Click here.

The EPC gives the tenant an indication of the estimated property running costs based on standardised consumption and average fuel prices current when the EPC was produced. Tenants can use this information when comparing properties to rent. The EPC also includes the floor area of the property, which can also be used as a comparison tool. Some items in the EPC will clearly be up to the tenants to control, such as the amount of fuel consumed and other factors. The recommendation report will set out lower cost measures (up to £500) and higher cost measures above this figure.

In Scotland, it is a legal requirement to provide an EPC for all new tenancies from January 4, 2009. Existing tenancies are fine until they come up for re-let.

An EPC is not required for the renewal of a tenancy by the same tenant. However, if there is a change in tenants a copy of the EPC should be provided before the new tenants signs the lease.

No. You can arrange to get your EPC done before the end of a current tenancy. Under EPC regulations, tenants are obligated to allow energy assessors access to the property. Tenancy Agreements may also allow for access. Obviously, tenants require prior notification if an energy assessor is to visit the property. In fact, if you wish to pre-market the property you need to complete the EPC in advance (ie. while the current tenants are still in place) so that you can provide EPC details to prospective tenants as legally required.

No. They are similar, but because building regulations in Scotland are different to those in England, a Scottish EPC must be carried out by a Scottish qualified and registered EPC assessor. (NB. All of our assessors are Scottish qualified and registered)

No. In light of the current downturn in valuation business, many RICS valuers have been trained as EPC assessors. This is useful training for surveyors who are also providing the new Scottish Home Reports for properties for sale, which, as of December 08, also includes an EPC. A Scottish EPC needs to be conducted by a Scottish qualified and registered energy assessor. Some letting agents have expressed misgivings about hiring surveyors with a letting business that competes with them commercially and would prefer to work with an independent firm like Lettingweb.com.

Once issued, the EPC is valid for 10 years. It can be used repeatedly during this period. You do not have to renew an EPC, even if improvement works are carried out on the property. However, you can obtain a new certificate for marketing reasons, but you must always use and provide the latest version to tenants.

Yes. But you will need to include the EPC and full recommendations report. Provide it to your letting agent as soon as possible.

A copy of the EPC and recommendation report must be made available to prospective tenants at the earliest opportunity.
At a minimum, a copy of the EPC must be made available to prospective tenants when:

1. Somebody requests information about the property
2. Someone makes arrangements to view the property, or
3. Someone makes an offer to rent the property

Yes. When written particulars for the property are prepared by the landlord or agent, these must include either a copy of the EPC (with the recommendations report) or the asset rating shown on the EPC.

This is definitely best practice, considering the above information. It is also suggested because most written particulars for rental property are now delivered online. If you or your agent advertise on www.lettingweb.com (Scotland’s largest marketplace for residential property to let), there is an EPC contact facility whereby tenants can request a copy. If we do your EPCs they will be automatically uploaded to the Lettingweb site. This means tenants can save time by downloading them directly from the site. We will also add the EPC rating to the property particulars.

Yes. All assessors will upload to a central register. All Scottish EPCs featured on www.lettingweb.com will be available online via that site.

No. A copy of the EPC must be made available prospective tenants free of charge. You must ensure tenants have a full copy BEFORE signing the tenancy agreement. This can be done manually or electronically via email, but the onus is on YOU to ensure they have received a copy and the full recommendations report.

The fixed penalty (like a parking ticket) for residential dwellings is £200- £400 per dwelling.

Local Authority Trading Standards is the enforcement authority. There are fixed penalties for failing to provide an EPC or make one available when required. The fixed penalty for dwellings is £200 per dwelling. There is a six-month time limit for any enforcement action to be taken. There is a right for the landlord to request that penalty notices are reviewed and ultimately there is a right of appeal to the County Court against a penalty notice. Trading Standards have statutory powers to require production of an EPC from landlords if they suspect an offence has been committed. Investigation might follow if a tenant complains that he has not been given an EPC. An EPC will still have to be provided even though a penalty is imposed.

The legal responsibility rests with the landlord, but the landlord can arrange with the letting/managing agent to carry out these responsibilities. However, responsibility for compliance would still remain with the landlord.
In short, if you are a landlord check with your agent what they are doing regarding EPCs (most professional letting agents will be making arrangements to undertake these on your behalf but it’s worth checking).
If you are an agent, to avoid any professional negligence claims you should:

1. Ensure you are communicating with your clients the requirement for EPCs and their responsibilities (feel free to direct them to this site), and
2. Communicate your plans with them and whether or not you will be arranging EPCs on their behalf. As an agent you could be liable if you advertise particulars without EPC details, so you may also want to include changes in your landlord terms and conditions to clearly outline whose responsibility it is to provide this.

Yes. This is a legal requirement. Considering these last for 10 years we would recommend using laminated copies (we provide a laminated hard copy for all of our EPCs). Also, we would recommend that you change your standard checks, such as inspection reports and inventory checks to ensure the EPC is properly and clearly displayed.

No, it does not legally have to include one. However the energy assessor does have to fully measure the property to undertake calculations for the assessment, so the information is there to produce one. NB. Lettingweb provide a FREE pdf floorplan worth £23 with EPCs for clarity and future marketing purposes.

There is a special rule for emergency accommodation, but an EPC must be provided eventually. This applies where a tenant needs an urgent relocation or if there is no valid EPC available and there is insufficient time to commission one. The requirement is still to provide an EPC as soon as possible.

As of January 4, 2009 in Scotland where a dwelling is being let, a Scottish Energy Performance Certificate (Scottish EPC) will be required. An EPC is required whenever a dwelling is being rented out. “Dwelling” is a residential property which is self contained. For these purposes a dwelling is self-contained if it does not share essential facilities with another unit such as bathroom/shower room, toilet or kitchen. It has to have its own entrance either directly from the outside or from the common parts (such as hall stairs or landings). It is not self-contained if access is via another unit. For more information about this see the section below. An EPC must be prepared by a registered assessor. For example, an EPC is required as follows:

1. Individual house/dwelling (i.e. a self contained property with its own kitchen/bathroom facilities) – one EPC for the dwelling.
2. Self contained flats (i.e. each behind its own front door with is own kitchen/bathroom facilities) – one EPC per flat.
3. Bedsits (where there is a shared kitchen and/or bathroom) – no EPC is required.
4. Shared flats/houses (e.g. a letting of a whole flat or house to students/young professionals etc) - one EPC for the whole house.
5. Mixed self contained and non self-contained accommodation – one EPC for each self contained flat/unit but no EPC for the remainder of the property.
6. A room in a hall of residence or hostel - no EPC is required.
7. Individual room in a flat or house (e.g. where a tenant rents a room so he/she has exclusive use of his/her bedroom and shared use of the kitchen toilet and bathroom) – no EPC.

WARNING – This is the interpretation put on matters by Government lawyers. It may change. It could be open to challenge.

We have tried to be as detailed as possible but if you have further questions please feel free to drop us a line and we’ll try and help. Email enquiries@scotland-epc.com or call Neil MacPherson on 0131 557 7755 today.