Agents to be banned from advertising poor EPCs

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A new government proposal suggests that agents and portals will be prohibited from publicizing rental properties with non-compliant energy efficiency certificates.


The idea came from the Ministry of Economy, Energy and Industrial Strategy in a consultation paper published as part of a government initiative to reduce buildings to mitigate the effects of climate change.

You want EPC in private rental properties to become a C band for new rentals or more by 2025 and for all rental apartments by 2028.

If the BEIS intends to act, it considers that agents are a possible way forward, and the consultation document states:

"About 43% of landlords use a landlord to rent, rent and manage a property. In addition, online ownership platforms (which are not often considered rental agents) are playing an increasingly important role in the rental process.

"Legal requirements for tenants are already in effect. This includes the provisions of the 2012 Energy Performance of Buildings Regulation (England and Wales) (hereinafter referred to as the EPB Regulation) and the Consumer Protection Against Unfair Trade Regulations 2008.

"- Epb Regulation: A leasing agent must receive an ordered CPE for the building, and when renting a property, a rental agent must ensure that the EPC rating is indicated in any commercial media rental advertisement. A staff member who violates the BPE Regulation may be fined a total of 200 pounds.

"- 2008 Regulation on the protection of consumers against unfair trade: it may be a violation of this Regulation that representatives who report inaccurate EPE quotas infringe this Regulation.

"The 2014 Order of Reseed Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to Scheme, etc.): Dictate that tous les agents de location join one of two government-approved claim procedures. If the leasing broker does not offer a CPE or offers property without one, it may violate the relevant codes of conduct and thus violate the 2008 Consumer Protection Ordinance against unfair trade.

In addition, the proposal adds that while portals are not agencies, they can be a means of achieving greater energy efficiency. The document states:

"Under the Consumer Rights Act 2015, online platforms do not meet the definition of rental agent, as they perform the functions of advertising, dissemination of information and approximation of persons, none of whom are considered a rental agency. Where an article is advertised on an online platform without EPC or with an inaccurate EPE, responsibility for compliance with the EPB Regulation rests with the "relevant ersonne" or the "sun acting on behalf of the relevant person" (Regulation 11(2) of the EPB Regulation).

"The wording of the EPB Regulation suggests that any person who the tenant officially appoints (probably with payment of it) to act on his behalf in relation to advertising would be within the same legal obligation as the lessee to ensure that the energy efficiency of the property, as indicated in the energy efficiency certificate , be indicated in any advertisement for sale or rental in commercial media. It seems that this right would apply to advertising in all commercial media and not only on online platforms.

"While the above-mentioned hecular levers may cover rental agents to some extent, the Government considers that a specific requirement for the rental of online real estate agents and platforms that are not in line with the SRP Regulation should not be announced or left, would significantly strengthen and simplify the existing sanction and promote greater overall compliance. It would also help confusion around the set of regulations applied, depending on the type of online ownership platform considered, or whether a broker can be violated.

The main part of Beis' consultation paper describes the increasingly stringent energy objectives that the strategic alignment program is calling for in the next decade to:

- reduce bills for low- and low-income tenants to support the government's legal energy poverty goal;

- improve the quality, value and convenience of owners' properties;

- reduce tenants' energy bills and ensure housing warming;

- investment support in the national supply chain for renovations in England and Wales;

- Ensure greater energy security by reducing the demand for energy in the grid and fewer fuel imports.

While there are some options in the 48-page document, the government makes it clear that its "preferred policy scenario for improving the energy efficiency of private households" consists of four elements:

- to raise the energy efficiency standard to the energy efficiency assessment of the C-band energy efficiency certificate;

- improvements for new rentals from 2025 and all rentals from 2028;

- an increase in the maximum amount of the investment, which translates into an average expenditure per property of EUR 4,700 below a maximum limit of EUR 10,000;

- the introduction of what the government calls a "fabric approach first" to improve energy efficiency (this improves the performance of the materials that make up the building's own fabric before considering the use of mechanical systems).

You can view the query document here, withdetails on how torespond..

The closing date is at 11:45 p.m. on December 30, while the government says it will respond next spring to comments.


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