The government’s latest consultation on Energy Performance Certificates considers how long they should remain valid.
The current validity period for an EPC is ten years. This is often criticised, as over the 10 year period, the EPC is not updated to account for new home improvements, changes to assessment methods, fluctuations in fuel costs and carbon factors or new technologies and costs in the market.
The government proposes that all existing EPCs retain their current ten year validity, while new EPCs could have revised durations of 2, 5, 7, or 10 years. But is the age of an EPC the right measure of validity?
We believe that the focus should be on why an EPC is needed and whether it remains up to date for its intended purpose.
Key moments when EPCs should be accurate:
- Claiming Grant Funding: Accurate and up to date EPCs should be required for securing government-backed funding.
- Meeting Minimum Energy Efficiency Standards (MEES): An annual check, akin to the gas safety check required of landlords, could utilize past EPC data, updated with any property changes.
- Supporting Property Marketing: With rising energy bills and minimum energy efficiency standards (MEES), EPCs are becoming more important for prospective buyers and tenants. Users, including estate agents as well as buyers and tenants, need to be able to trust the information provided as part of a sale.
Under the Misrepresentation Act, summarised below, all information provided during contractual negotiations must be accurate and not misleading.
The Misrepresentation Act 1967 is a key piece of UK legislation that governs the legal consequences of false or misleading statements made during contractual negotiations. It provides remedies for parties who enter into contracts based on misrepresentations, whether they are fraudulent, negligent, or, in some cases, innocent.
In the context of property transactions, the Act imposes significant obligations on sellers, estate agents, and developers to ensure that all statements made about a property—whether in brochures, advertisements, or verbal communications—are accurate and not misleading. If a buyer relies on a misrepresentation when purchasing a property, they may have legal grounds to rescind the contract and/or claim damages.
Property professionals mitigate risk by verifying factual claims, using disclaimers, keeping records and correcting inaccurate information.
While sellers, landlords, and agents can use the government’s validity period as a disclaimer for EPC inaccuracies, the risk of disputes remains—especially as MEES heightens the stakes of EPC ratings.
The trigger points listed above – whether grant availability, regulations or house moves – are well-understood prompts for action. Ensuring that EPCs are accurate at these key moments would reinforce their importance in decision-making, benefiting policy delivery and encouraging consumer action.
Let's rethink EPC validity from the principle of providing up to date information to build trust and empower decision-makers.
#EnergyEfficiency #PropertyMarket #EPC #Sustainability #RealEstate #MEES #MisrepresentationAct
