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Energy Efficiency Standards

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The recent consultation on Minimum Energy Efficiency Standards (MEES) has now closed and the Government has published its proposals for regulations governing the energy efficiency of non-domestic privately rented properties.

The regulations are intended to improve the energy efficiency of such properties to enable compliance with the obligations contained in the Energy Act 2011.

From 1 April 2018 Landlords of non-domestic properties will have a duty to ensure that leases they grant to a new or existing tenant meet the minimum standard of an ‘E’ rating in its EPC.  From 1 April 2023 this will apply to all privately rented property including those that already have a lease in place and a tenant in occupation.

There are some exemptions from the regulations which include the inability of the Landlord to install the improvements through reason of failure to obtain the required consents but these must all be notified on a centralised register.

Local Authorities are responsible for enforcing the regulations and can issue financial penalties for non-compliance which could range from £5,000 to £150,000 depending on the degree and length of non-compliance.

Parliamentary approval to the form of the regulations is awaited and once received the Government will work towards issuing guidance to help those affected prepare for the implementation of the regulations.

In the meantime we would urge Landlords to take any opportunities they are presented with, for example, a period in which their properties are unoccupied, to make the required improvements in advance of their requirement to do so.

Landlords: Please contact us if you need any further information or advice regarding the energy efficiency of your properties.

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