This is a follow-up article on my original blog “Proposed Energy Efficiency Standard for UK rented Properties” way back in April 2015, which covered the UK Government’s proposal for draft legislation under the Energy Act 2011, which established a framework that requires the Government to improve the energy efficiency of buildings in the privately rented sector.
As previously reported, the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 were made on 25 March 2015.
The original Regulations were subject to an amendment Regulation (Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2016), which postponed the implementation dates on which the Private Rented Sector Exemptions Register will open to domestic and non-domestic landlords.
it should be recalled that the domestic property regulations will be enforced by Local Authorities. The non-domestic property regulations will be enforced by Local Weights and Measures Authorities.
Two guidance documents have been published by BEIS (Department for Business, Energy and Industrial Strategy) as follows:
which are aimed at Landlords, Local Authorities, Local Weights and Measures Authorities and others with an interest in the private rental sector, such as letting agents and other property management service providers.
The documents provide guidance and advice on:
- Scope of the regulations: the steps a landlord should take to determine whether their property is covered by the regulations, and the steps they should take to ensure their property complies with the minimum level of energy efficiency;
- Relevant improvements: how a landlord can identify appropriate energy efficiency improvements for their property;
- No-upfront Cost Funding (domestic only): how a landlord can investigate availability of no-cost funding to cover the cost of improving a domestic property;
- Cost effectiveness (non-domestic only): how a landlord can determine whether particular improvements would be cost-effective to install in a non-domestic property;
- Exemptions and exclusions: the exemptions framework and the steps a landlord should take to register a valid exemption;
- Enforcement: the enforcement framework and the options open to enforcement authorities when policing compliance with the minimum standards, including information on fines and other penalty options;
- The appeals framework: landlord appeals will be heard by the First-tier Tribunal, part of the court system administered by Her Majesty’s Courts and Tribunals Service; the guidance discusses the steps a landlord will need to take to lodge an appeal, and how that process will be managed.
It should be noted that where a landlord believes that an F or G Energy Performance Certificate (EPC) rated property they rent qualifies for an exemption from the minimum energy efficiency standard, an exemption must be registered on the National PRS Exemptions Register. The register service is currently running as a pilot. Landlords who wish to register an exemption for a domestic or non-domestic property as part of this pilot should e-mail the BEIS minimum standards team at PRSregisteraccess@beis.gov.uk