Checking the authenticity of an energy assessor
An EPC may only be produced by an accredited energy assessor. Energy assessors must be a member of an approved accreditation scheme.
To check that an energy assessor is a member of an accreditation scheme, a search facility is available on the register website. If a person does not have access to the internet they can ask the energy assessor for the name of the accreditation scheme of which they are a member and for their membership number.
This information will help the person who has commissioned the EPC to confirm with the accreditation scheme that the energy assessor is accredited and fit and proper to practice as an energy assessor and to produce the EPC for the type of building being assessed.
Checking the authenticity of an EPC
Only an EPC generated from data lodged on the register and allocated a unique reference number is authentic. The register helps to protect the consumer. Any party holding a copy of an EPC can verify its authenticity by comparing the paper copies against the copies held on the register.
An EPC can be downloaded from the register website using the unique reference number or by using the full postcode of the building or a combination of the name of the street and post town in which the building is located (although this will bring up a selection of postcodes for that street). However, the owner or occupier of the building may ‘opt-out’ of making the report available in this way.
An opt-out may be exercised by the owner or occupier of the building to which the data relates notifying the keeper of the register (in writing, or by email) that the data is not to be disclosed. The owner or occupier may withdraw the opt-out in the same way. See Energy Performance Certificates: opt-out of public disclosure.
Complaints
To make a complaint about the availability or quality of an EPC or about an energy assessor who produced the documents or carried out the energy assessment:
EPC on sale or rent
For complaints regarding the duty to make available an EPC free of charge to any prospective buyer or tenant, contact the local weights and measures authority. Local weights and measures authorities (Trading Standards) have a duty to enforce most EPC obligations.
Quality or accuracy of the EPC and its recommendations
For complaints regarding the quality and accuracy of the EPC contact the energy assessor in the first instance. If the matter cannot be resolved, contact the accreditation scheme of the energy assessor who produced the EPC. Contact details of both the assessor and accreditation scheme can be found on the EPC.
Complaints regarding an energy assessor or any aspects of the energy assessment
For complaints regarding the energy assessor or the energy assessment contact the energy assessor in the first instance. If the matter cannot be resolved, contact the accreditation body of the energy assessor who produced the EPC. Contact details of both the assessor and accreditation scheme can be found on the EPC.
What happens to these complaints
The accreditation scheme must investigate the complaint and, where necessary, provide the appropriate redress. Where it is found that the information is incorrect a new EPC must be issued and the information on the register amended. This procedure should be followed at no cost to the complainant. In the event that the complaint cannot be satisfactorily resolved, the accreditation scheme will refer the matter to an independent third party for adjudication.
The energy assessor has a duty of care under the regulations, both to the seller or landlord and to the prospective buyer or tenant, to carry out an energy assessment on a building with reasonable care and skill. This duty is enforceable for as long as the EPC subsequently produced remains valid.
If an energy assessor is proven to have been in breach of their duty under the regulations or negligent in any other way, this is a matter that can be taken up in the first instance with their accreditation scheme before recourse to an action in civil law. Energy assessors will have professional indemnity cover against the eventuality that any person to whom they have a duty may suffer loss as a result of their actions.
If an EPC is subsequently alleged to have been produced fraudulently, this is a matter of criminal law, to be pursued by making a complaint to the police.
Enforcement
Local weights and measures authorities (usually through their trading standards officers) are responsible for enforcing the regulations that require an EPC to be made available on the sale or rent of a building. Failure to provide an EPC when required means you may be liable to a civil penalty charge notice. Trading standards officers may act on complaints or undertake investigations. Enforcement action may still be taken up to 6 months after any failure has been corrected.
A trading standards officer has the power to ask the seller or landlord to provide them with a copy of the EPC for inspection. If requested, a copy of the EPC must be provided within 7 days or the person to whom the request was made may be liable to a penalty charge notice for failing to comply. A copy of an EPC can be requested at any time up to 6 months after the last day for compliance with the duty to make it available.
Non compliance and penalty charges
A fixed penalty charge of £200 may be issued for failure to comply in the following circumstances:
- on sale or rent the seller or landlord failed to make a valid EPC available free of charge to the prospective buyer or tenant at the earliest opportunity or to the person who ultimately becomes the buyer or tenant
- on marketing the seller or landlord did not commission an EPC before the building was put on the market or the person acting on their behalf (i.e. estate or letting agent) did not ensure that an EPC was commissioned for the building
- the seller or landlord or a person acting on their behalf did not secure an EPC using all reasonable efforts within 7 days of the building being put on the market. An EPC must be obtained 21 days after the initial 7 day period
- the seller or landlord or a person acting on their behalf did not include the energy performance indicator in any advertisement of the sale or rental in commercial media
Review process
If a penalty charge notice is issued but you believe it should not have been issued you can request a review from the local authority. If, after review, you are not satisfied with the outcome of the review you may within 28 days, beginning on the day after the notice is received from the local authority confirming the penalty, appeal to the county court.
Duty to cooperate
A person with an interest in, or in occupation of, a building, must cooperate with any seller or landlord to enable them to comply with requirement to make an EPC available. They must also allow access to the building to any energy assessor appointed by the seller or landlord. The penalty for obstructing an enforcement officer or for imitating an enforcement officer is a fine not exceeding level 5 on the standard scale, upon summary conviction.