Domestic & Commercial Energy Assessors Ltd

Description:

Domestic & Commercial Energy Assessors Limited was founded by Paul Fahie (pronounced Fay) after many years of experience within the industry. The company specializies in Commercial EPC's (Energy Performance Certificates) covering all types of commercial buildings as well as Air Conditioning Reports and Asbestos Surveys.

The mission of the company is to help all their clients get the best possible standard of service at a competitive rate, whilst at the same time helping to keep energy emissions low to preserve the environment.

What is an EPC?

Energy certificates rate the energy performance of a building on a scale from A to G.

An Energy Performance Certificate (EPC) is required for non-domestic buildings when they are constructed, sold or rented out; and

An air-conditioning inspection report must include an assessment of the air-conditioning efficiency and the sizing of the system compared to the cooling requirements of the building and contain appropriate advice on possible improvements to the system, replacement of the system and alternative solutions.

 

Requirements for energy performance certificates (EPCs) when marketing commercial (non-domestic) properties for sale or let

1.  Which commercial properties require an EPC?

Reference should be made to the guidance: Improving the energy efficiency of our buildings: A guide to energy performance certificates for the construction, sale and let of non-dwellings, 2nd edition. This document may be found at:
www.communities.gov.uk/publications/planningandbuilding/nondwelling
The relevant sections are 1.2 (buildings requiring an EPC), 1.5 (situations where an EPC is not required) and 4.2 (applying the Regulations in practice).

2.  I am marketing a commercial property for sale or rent which requires an EPC. Marketing started before 1 October 2008. When does my vendor/landlord client need to obtain an EPC?

 

Any property that was already on the market for sale or let before the 6 April, 1 July and 1 October 2008 commencement dates, whichever applies for the size of building in question, will require an EPC when a contract for sale or let is entered into.

What happens if I enter into a contract to sell or rent prior to 4 January 2009?

 

At the latest an EPC2 must be requested when a contract for sale or let is entered into. All reasonable efforts must be made to obtain it as soon as reasonably practicable.
If the EPC is not available before the contract is entered into, this need not delay the transaction. However, the EPC is still required and once the EPC has been obtained, it must be given free of charge to the buyer or tenant.

What happens if the property is still on the market on or after the 4 January 2009?

 

On or after 4 January 2009, the EPC must be made available for the property, free of charge, to a prospective buyer or tenant at the earliest opportunity and in any event:

• when written information about the building is first provided as a result of a request by a prospective purchaser
• when the building is viewed.

In any event an EPC must be obtained before a contract for sale or let is entered into.
It is not placing a property on the market that defines the point at which an EPC must be made available, but any of the circumstances listed above.
A seller or landlord should order an EPC from a person who can provide an EPC for the category of building in question in good time and at least 14 days before it is required to avoid any penalty charges. Therefore if a property is on the market and you expect to have viewings, provide written information or to exchange contracts, you should encourage your client to obtain an EPC as soon as possible.
It is not obligatory to include the EPC graphs in the written / electronic property details. However, it would be good practice to include them.
The seller or landlord is the ‘relevant person’ under EPC legislation and is
responsible for making the EPC available. The seller or landlord, not the agent, is liable to a penalty charge if the EPC is not made available. It would be good practice, however, for any agent offering a property for sale on a seller’s or landlord’s behalf to inform the seller or landlord of the legal obligation and to recommend that an EPC is obtained as soon as possible.

3.  I am marketing a commercial property for sale or let which requires an EPC. Marketing started after 1 October 2008, when does my vendor/landlord client need an EPC?

An EPC is required for the sale or let of all properties1 from 1 October 2008.
The EPC, along with its accompanying recommendation report, must be made available for the property, free of charge, to a prospective buyer or tenant from the 1 October 2008, at the earliest opportunity and in any event:

• when written information about the building is first provided as a result of a request by a prospective purchaser
• when the building is viewed

In any event an EPC must be obtained before a contract to sell or let is entered into.
It is not placing a property on the market that defines the point at which an EPC must be made available, but any of the circumstances listed above.
A seller or landlord should order an EPC from a person who can provide an EPC for the category of building in question in good time and at least 14 days before it is required to avoid any penalty charges. Therefore if your property is on the market and you expect to have viewings, provide written information or to exchange contracts, you should consider obtaining an EPC as soon as possible.
It is not obligatory to include the EPC graphs in the written / electronic property details. However, it would be good practice to include them.
The seller or landlord is the ‘relevant person’ under EPC legislation and is responsible for making the EPC available. The seller or landlord, not the agent, is liable to a penalty charge if the EPC is not made available. It would be good practice, however, for any agent offering a property for sale or let on a seller’s or landlord’s behalf to inform the seller or landlord of the legal obligation and to recommend that an EPC is obtained as soon as possible.

4.  What happens if the vendor or landlord has ordered an EPC and it hasn’t arrived?

 

If the vendor or landlord has ordered an EPC from a person who can provide an EPC for the category of building in question at least 14 days before it was required (see sections 1 and 2 of this document for more guidance on when EPCs are required) and have made, and continue to make, all reasonable efforts and enquiries to obtain it in time, the sale or rental process can continue whilst waiting for the EPC.
If the EPC was ordered less than 14 days previously, the following should not happen:

• viewings
• the provision of any written information
• entering into a contract with a prospective buyer or tenant.

If any of these happen without an EPC being made available, the vendor or landlord will be liable to a penalty charge.
These actions can commence when the EPC is available, or when 14 days have elapsed after it has been ordered and if all reasonable efforts and enquiries have been made, and continue to be made, to obtain it in time.
What is the penalty charge?
In most cases, the penalty charge will be 12.5 per cent of the rateable value of the building with a default penalty of £750 where the formula cannot be applied. The range of penalties under this formula are set with a minimum of £500 and capped at a maximum of £5,000.
It is the vendor or landlord who will be liable for the penalty charge. However, it is good practice for an agent to inform the seller or landlord of the legal obligation and to recommend that an EPC is obtained.
Do I need an EPC where a tenant is in occupation?
Where a tenant is in occupation before the 1 October 2008 and continues to be occupation after this date an EPC is not required. If at a later point the tenant changes, an EPC will be required to show prospective tenants.
The EPC is valid for up to ten years, unless a newer EPC is produced for the property, in which case only the latter is valid.
What is written information?
Written information covers information about the building, whether provided in paper or electronic form.

It is information provided in response to a request about a building. It is our view, therefore, that brief information advertising a building for sale or let e.g. in a window or a thumbnail on a website, is not the provision of written information in response to a request.
However, a further request specifically about a property e.g. walking into a shop and asking for written information, or selecting a website link to more detailed information about a specific building, constitutes a request.

 

We also undertake:

Asbestos Surveys

 

This is a legal requirement for owners and occupiers of non domestic buildings to have an Asbestos Survey and up to date Asbestos Register in place. With this register you need to provide a comprehensive written management plan show how you are managing your asbestos going forward. If you own your property or you have a full repairing lease you will also have the "Duty of Care". This means that you will be responsible for producing the register. The register is used to enable your visiting contractors and staff to know where asbestos is in your building.

Over 4000 people every year die from asbestos related diseases, by registering where your asbestos is you can help to reduce these figures

We offer independent, specialist surveyors who are fully qualified to both P402 & P405 level. They can conduct your asbestos survey and produce your asbestos register for you. We provide various types of asbestos surveys to enable you to have an asbestos register

Type 2: Standard Visual Only Plus Sampling Identification and Assessment Survey (Sampling Survey)

 

Samples are gathered and determined for the presence of asbestos. Samples from each type of suspected asbestos containing materials found are sent to an UKAS accredited laboratory to confirm/negate the presence of asbestos. If the material sampled is found to contain asbestos, then it is entered onto the asbestos register as such and a management plan can be started if required

Type 3: Full access (before major works)

 

This is a fully intrusive survey; which means the surveying of concealed areas and voids, not accessible earlier in a Type 2 survey. This survey is particularly required before demolition or major refurbishment works, but can also be necessary when removing walls and ceilings. This may also be used to form the basis of a tender for the removal of asbestos containing materials (ACMs).

MDHS 100 Compliance: All Asbestos surveys we undertake follow the criteria set out in (MDHS 100), the method of Determining Hazardous Substances and comply in with the (CAR) The Control of Asbestos Regulations 2006, and the supporting (ACOP) approved code of practice.

The Control of Asbestos Regulations 2006 (CAR 2006) includes Regulation 4

"Duty to manage asbestos in non-domestic properties"

 

 Visit their website at www.domcom.co.uk