Legal Requirements For EPC’s

When do I need an EPC? – Legal Requirements

Please Note: As of February 2025 the UK government is reviewing the minimum energy rating required for rental properties, with a view to raising it to D or C. This review is ongoing and we will keep this page updated.

An EPC provides a valuable source of information about a property. It can help you to understand the energy performance of a property and it can identify areas for improvement that could save money on the properties running costs and reduce CO2 emissions.

It is a legal requirement in the UK to have a valid EPC when you are selling a property, renting out a property and building a new property. An EPC is valid for 10 years and it must be in place before the property is marketed so it’s available to potential buyers / tenants to view. EPC’s are lodged on a national register on the Gov.Uk website called the ‘EPC Register‘ which is publicly accessible. It is possible to have an EPC removed from the register, so it is not available to be viewed.

Failure to have a valid EPC in place before a property is marketed can result in a fine of up to £5000 per property.

Properties For Sale

All UK domestic properties that are to be sold require an EPC before the property is marketed, with the exception of listed properties being sold.

Rental Properties

When the law first came into effect in 2007

The requirement was for all newly let properties to have an assessment conducted and an EPC produced BEFORE the property went to market. This meant that prospective tenants could view the EPC and understand how energy efficient the property was. This would help them to understand how much the property would cost to run, i.e. what the properties energy bills would look like. One exception to this rule was; where there was an existing tenant already in a property, an EPC was not required until such a time as the tenancy changed, i.e. a new tenant came in or a new tenancy agreement was signed by an existing tenant. At this point the property required an EPC.

In April 2018 ‘Minimum Energy Efficiency Standards’ (MEES) were introduced

This required a property to have an EPC rating of E or above on the A – G rating scale if it was to be let. If the property had an F or G rating, it could not be let out until changes / improvements were made to lift the rating up to at least an E rating. If the property was already let, the landlord was required to make immediate improvements to bring the rating up to the minimum E rating. For the first time this included listed properties meaning listed properties that were let to tenants did now require an EPC. Again the only properties excluded from this change to the law were properties where the same tenant was still living there since before 2007, under the same tenancy agreement that they had signed before 2007. For more information visit our ‘EPC Minimum Energy Efficiency Requirements (MEES)‘ page.

In April 2020 there was a further change to the law

The exclusions for long term tenancies came to an end so all rented properties required an EPC with a minimum rating of E, regardless as to how long a tenancy had been in place.

Exemptions to MEES Legislation

Exemptions to MEES legislation allow landlords to let properties that do not comply with the legislation, i.e. where the properties energy rating is F or G. Exemptions only apply under certain circumstances and only when registered on the PRS Exemptions Register. Visit our EPC Exemptions page to find out what the exemptions are and how to register an exemption.

Property Types – Does my property need an EPC?

The definition of a property in EPC legislation is a ‘self contained unit’ – in other words a property that has its own kitchen and bathroom facilities. Any property that shares a kitchen and bathroom with another property does not need an EPC. Neither does the other property. This includes all domestic building types – house / flat / maisonette / bungalow / studio.
If you are not sure if your property requires an EPC and you are in or around the Brighton & Hove area, please get in touch or check with your local council.

There is sometimes confusion around the circumstances when an EPC is required, particularly when a house has been split into separate flats.

  • If a house is split into multiple flats with multi owners and each flat has its own bathroom and kitchen, each flat in the house needs an EPC when it is being sold, or when being let with a minimum energy efficiency rating of E
  • If a house is split into multiple flats with multi owners and some of the flats share bathroom or kitchen facilities, the flats that share do not require an EPC. Any flats in the same house that do not share these facilities because they have their own, will require an EPC when being sold, or when being let with a minimum energy efficiency rating of E.
  • If a house with one owner is split into flats for rental purposes, the owner/landlord must arrange for an EPC for each flat that has its own bathroom and kitchen facilities. All EPCs must have a minimum energy efficiency rating of E.
    • Any flats in the same house that share bathroom and kitchen facilities do not require an EPC.
    • If the whole house is sold as a going concern, i.e. the existing tenants remain, it will require an EPC that includes all parts of the house that are not self contained units – i.e. the flats that share facilities, the hallways and corridors, the shared facilities themselves (bathroom and or kitchen) and loft and basement areas.

Find out more about…

Minimum Energy Efficiency Standards (MEES)

What are the ‘Minimum Energy Efficiency Standards’ (MEES) for EPCs and why are they important?

Domestic EPC Exemptions from MEES Minimum Rating

MEES Exemptions allow landlords to let properties that do not achieve the minimum energy rating

What Does An EPC Assessment Involve and how to prepare

Get ready for your assessment, find out what we need to see and do to complete an EPC

What Are The Legal Requirements For EPC’s and do I need one

Understand the current legal requirements for EPCs when renting or selling a property