Buildings that are exempt from requiring an EPC
WHY?
This update has been posted due to uncertainty from clients as to what instances an EPC is required. This snapshot provides general information and specific advice should be taken for each circumstance.
WHAT?
For the regulations, a building is defined as “a roofed construction having walls, for which energy is used to condition the indoor climate, and a reference to a building includes a reference to a part of a building which has been designed or altered to be used separately”.
SUMMARY
There are very few buildings that do not trigger a requirement for an EPC.
The Heating Rule
For a building to fall within the requirements for an EPC, it must have a roof and walls, and energy must be used to ‘condition’ the indoor climate.
Services that condition the indoor climate include heating, mechanical ventilation, and air conditioning. Although hot water is a fixed building service, it does not “condition the indoor environment” and would not, therefore, trigger an EPC. The same argument applies to electric lighting.
The ‘conditioned’ rule does make all buildings without heating exempt from the regulations. Where a building is expected (for instance retail type uses, office or leisure) to have heating, mechanical ventilation or air conditioning installed, it will require an EPC based on the assumed fit out in accordance with the requirements in Section 6 of the Building Regulations.
The 50 sq m Rule
Stand-alone buildings with a total useful floor area of less than 50 sq m do not require an EPC. A stand-alone building is defined as a building that is free standing i.e. entirely detached. It is therefore our understanding that retail tenement buildings with an area of less than 50 sq m are not exempt from the legislation.
Places of worship
In England and Wales a places of worship is exempt from an EPC.
Low Energy Demand Rule
Industrial sites, workshops and non-residential agricultural buildings with low energy demand.
Buildings that are termed industrial sites and workshops with low energy demand include buildings, or parts of buildings designed to be used separately, whose purpose is to accommodate industrial activities in spaces where the air is not conditioned.
Activities that would be covered include foundries, forging and other hot processes, chemical process, food and drinks packaging, heavy engineering and storage and warehouses where, in each case, the air in the space is not fully heated or cooled. Whilst not fully heated or cooled these cases may have some local conditioning appliances such as plaque or air heaters or air conditioners to serve people at work stations or refuges dispersed amongst and not separated from the industrial activities. Where there is office and ancillary accommondation within the building an EPC is required.
A building to be demolished
On sale or rent of a buildings due to be demolished. The vendor or landlord should be able to demonstrate that the building is to be sold or let with vacant possession, the building is suitable for demolition and the resulting site is suitable for redevelopment, there are reasonable grounds to believe that a prospective buyer or tenant intends to demolish the building. For example evidence of an application for planning permission.
A temporary building
A temporary buildings with a planned time of less than 2 years may not require an EPC.
Note: This report contains information available to the public and has been relied upon by Metro Commercial Ltd on the basis that it is accurate and complete. Metro Commercial Ltd accepts no responsibility if this should prove not to be the case. No warranty or representation, express or implied, is made to the accuracy or completeness of the information contained herein, and same is submitted subject to errors, omissions or views.
