Scottish EPCs - further queries
Further questions have been raised about situations when an EPC is required in Scotland. For reference, the legislation can be found in the 2008 Regulations :
Do tied properties need an EPC?
These are typically properties tied to one's employment, such as a farm cottage, manse, MOD housing etc.
Meaning of a prospective buyer or tenant
3. A person becomes a prospective buyer or prospective tenant in relation to a building on the earliest of the dates when that person–
(a) requests any information about the building from the owner for the purpose of deciding whether to buy or lease the building;
(b) makes a request to view the building for the purpose of deciding whether to buy or lease the building; or
(c) makes an offer, whether oral or written, to buy or lease the building.
This is still a grey area. Prior to the legislation it was thought that an EPC would be required in this circumstance. Scottish Government is unable to interpret legislation and it is ultimately a decision of the courts. The best course of action would be to take legal advice or if in doubt have an EPC done. I will update if anything else comes up.
Is an EPC required at the point of sale or before?
Before. The EPC must be made available when someone makes an enquiry so it is advisable to have this prepared ahead of marketing the property. Even if the property is by private negotiation, an EPC will still be required, as the point of offer to rent/buy triggers this (s. 3(c)). This differs from Home Reports which are not required where there is a private sale with no marketing (although an EPC is still required). Properties where a sale has been agreed prior to the 4 Jan 2009 but not concluded until after that date, will not require an EPC.
Neil Freshwater
nfreshwater@rics.org