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Energy Performance Certificates in Northern Ireland
publication date: Jun 25, 2008
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Northern Ireland has slightly
different timings for the
requirement to provide Energy
Performance Certificates.
From 30 June 2008 all homes
(except new build) put on the
market in Northern Ireland must
have a valid Energy Performance
Certificate. From 30 September 2008, the
requirement is extended to all new
properties. From 30 December 2008, the
requirement is extended to rental
properties. Home sellers and buyers Regardless of the date when an
existing dwelling is placed on the
market, from 30 June 2008, the
relevant person (the seller) has a
legal duty to make available to the
prospective buyer or actual buyer a
valid EPC at the earliest opportunity. This must be given free of charge.
The earliest opportunity is when
the house is marketed or when a
person asks to view the house or
requests information on the house. If an EPC has not been provided
to the prospective buyer during
marketing, it is the responsibility of
the homeowner to ensure a copy
of the EPC has been given to the
actual buyer. An EPC is valid for 10 years and
can therefore be reused in further
transactions involving that property
up to the end of this period.
Landlords and tenants From 30 December 2008 the
relevant person (the landlord) of a
building which is to be rented out
has a legal duty to make available
to the prospective tenant or actual
tenant a valid EPC at the earliest
opportunity (i.e. before entering
into a contract to rent). There is
no need to obtain an EPC for an
existing tenancy. Once obtained, a certificate
remains valid for up to 10 years.
If a valid EPC still exists when
changing tenants, a new certificate
is not required. This applies to both
private and social sector landlords
and tenants. Builders and developers It is likely that the more energy
efficient properties will be more
attractive to potential tenants
and purchasers. It is clearly most
cost-effective to design for energy
efficiency rather than have to
upgrade a property once it is
constructed. Architects and other
designers should therefore be
encouraged to specify designs that
are energy efficient. From 30 September 2008 the
relevant person (the builder) of a new
building (dwelling and non-dwelling)
has the same legal duty as the home
seller and landlord above. When the construction of a
new building is completed, the
builder or person responsible for
the construction is responsible
for obtaining the certificate and
providing it to the owner.
This will also apply if a building
is converted into fewer or more
units and there are changes to the
heating, hot water provision or air
conditioning/ ventilation services. When the building is physically
complete, the builder must obtain
an EPC and provide the EPC to
the new owner of the building and
notify the local Building Control
officers that this has been done. Once Building Control is satisfied
that the EPC has been properly
produced, it will then be able to
issue a final completion certificate. Solicitors and estate agents An EPC must be made available at
the earliest opportunity before the
conveyancing process commences
and, as a constituent document
in this process, it must, in any
event, be provided as part of the
completion of the sale. A valid EPC shall be made
available when the prospective
buyer requests information about
the dwelling or makes a request to
view it or when he makes an offer
to buy it. Where the relevant person employs
an agent, the agent may make the
EPC available to the prospective
buyer. If the agreement between the
seller and the agent provides, the
agent may, on behalf of the seller,
procure an EPC from an accredited
energy assessor if a valid certificate
is not already available. This agreement does not relieve
the seller from the legal duty to
ensure that a valid certificate is
available.
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