The sale of an interest in the building must be treated as the same as the sale of the building itself and an EPC will be required for the assignment of a lease, where a leasehold interest is being passed on to another person.
The sub-letting of a building would also require an EPC to be provided.
Transactions not considered to be a sale or rent
The purpose of providing an EPC during the sale or renting process is to enable potential buyers or tenants to consider the energy performance of a building as part of their investment. Not all transactions will be considered to be a sale or let to which the duties apply. These will include:
- lease renewals or extensions
- compulsory purchase orders
- sales of shares in a company, which does not involve the sale of the building in which that company is located, where buildings remain in company ownership
- lease surrenders
There may be other types of transaction that it might be argued do not require an EPC, for example, living accommodation at a workplace and tied to a job, or not-for-value transactions, but this will depend on the individual circumstances of any case.