How to ensure you get hold of your energy performance certificate in good time

The law on Energy Performance Certificates ("EPC") is set to change in April 2012.  Currently the seller or landlord (known as the relevant person) has to commission an EPC before marketing a property, this is being extended to include the sale and rent of residential and non-residential buildings.

At the current time where an EPC has been commissioned but not yet available the relevant person has 28 days to obtain the EPC using his or her "reasonable efforts".  Under the new rules this period will be reduced to 7 days.  If the EPC isn't secured after a further 21 days a penalty charge may be imposed.

With a new build obtaining the EPC can be time consuming for the relevant person especially once the building is complete and the contractor has left the site.  One option is to make practical completion subject to the production of the EPC.  Here the building will not be certified as practically complete until the EPC is supplied to the employer giving the employer certainty as to when it will receive the EPC.