Who is responsible for obtaining an EPC?

The regulations refer to a ‘relevant person’ as the person who is responsible for obtaining an EPC. The relevant person is referred to as either ‘the seller’ when a building is being sold or ‘the prospective landlord’ when a building is being rented out.

The regulations apply where the written particulars are given by the relevant person or another person on his behalf. The person giving the sales particulars must ensure that they include an asset rating of the building or attach an EPC to the sales particulars. The sales particulars are described as any document containing two of the following; a photograph of any room in the building, a floor plan, a description of the size of the rooms. This includes electronically provided information.

On an assignment, the perception is that the assignor or tenant selling his lease, is deemed the seller and is, therefore, the ‘relevant person’.

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