Changes to the issue of Energy Performance Certificates (EPC’s) will come into force on the 6 April 2012.

Currently an EPC is to be made available to a prospective Purchaser or Tenant no later than when written particulars are issued; or when a view taking place; or on exchange of Contracts (or completion if no exchange).  This has apparently led to some misunderstanding in that EPC’s are not needed until exchange of Contracts.  Therefore this reference has been removed from the regulations and an EPC now has to be issued no later than when either written particulars are issued or a viewing takes place.

The time frame for providing the EPC when a property is marketed has also been reduced from 28 days to 7 days and furthermore the EPC is to be attached to any written particulars when they are issued.  Therefore Agents are not lawfully able to issue written particulars unless an EPC is attached.  This is also being extended to non-residential properties as well as residential properties.