The Department of Communities &
Local Government (DCLG) have updated guidance around the matter of whether
listed buildings and buildings in conservation areas might be exempt from requiring
an Energy Performance Certificate (EPC) when rented or sold. The requirement to
provide an EPC is directly linked to the Minimum Energy Efficiency Standards
(MEES) and comes into effect on 1 April 2018.
Therefore, generally speaking, as of
today any sale or new letting of a property must either have a minimum EPC
rating of E (this is set to extend to existing lets with effect from 1 April 2020)
or have an applicable exemption from the requirement to meet the MEES standard.
I don’t intend to go into any depth
here but rather just look at the exemption issues for listed buildings and
buildings in conservation areas.
Essentially, where a residential
building is exempt from the requirement to have an EPC (being rented out or
sold) then this minimum E rating standard does not apply. For applicable listed
buildings and buildings in conservation areas, this exemption has been fundamental,
as many of them remain unable to be converted to meet the standard. As such, an
exemption from the MEES standard is particularly important as it allows owners
to sell or landlords to continue to rent out these properties.
Government guidance says that buildings
protected as part of the designated environment (conservation areas) or because
of their special architectural or historical merit (listed buildings) are
exempt from the requirement to obtain an EPC "insofar as compliance with
minimum energy performance requirements would unacceptably alter their
character or appearance". The guidance goes on to say that to comply with
minimum energy performance requirements, many of the recommendations in an EPC
report, such as double glazing, new doors and windows, external wall insulation
and external boiler flues, would likely result in unacceptable alterations in a
majority of historic buildings.
It is accepted that the
recommendations report containing the EPC may recommend a mix of
recommendations, some of which may adversely impact upon the building and
others which may not. It seems that owners will be responsible for taking a
view, on a case by case basis, as to whether this would be the case for their
building(s). Where there is any doubt as to whether works would unacceptably
alter the character or appearance of a building, owners are encouraged to get advice
from their Council’s conservation officer.
However, given the lack of Council
resources, it may be more appropriate to employ a suitably qualified heritage
professional (IHBC or similar) to assess the building and provide sufficient
evidence for exemption, where applicable.
I’m sure that there will be more guidance
and advice to follow but I guess we shall see how things pan out.
