Mis-sold an 'energy efficient' property by a builder.

Pipeandslippers20

Hi all,

Back in 2007 I bought an "Energy Efficient 2 bedroomed apartment" from a builder who will remain anonymous. At the time there was no legal requirement for the builder to provide an Energy Performance Certificate.

I have had my doubts about this apartment being energy efficient since I got my first energy bill. All my central heating is through electric convection heaters and the boiler is electric (with no economy 7). There is no gas to the property. Electric bills have been huge.

I have now got an EPC through an Estate Agent when somebody came out to provide me with the rating. The rating came out at 64, category D (out of a rang A to G. The rating for Environmental Impact is C.

Given that this was sold and championed as "Energy Efficient" and my EPC proves that is isn't, what can I do? Has anybody else had a similar issue?

I do still have the original brochure with floor plan with the 'Energy Efficient' wording forming part of the title.

I have done some digging and I'm wondering if the builders have broken the law according to the "Property Misdescriptions Act 1991"

http://www.legislation.gov.uk/ukpga/1991/29/section/1

Where a false or misleading statement about a prescribed matter is made in the course of an estate agency business or a property development business, otherwise than in providing conveyancing services, the person by whom the business is carried on shall be guilty of an offence under this section.

Given that I couldn't sell the property on with the same 'title' it was sold to me under (because the EPC proves it NOT to be energy efficient), has it then been mis-sold to me?
Am I wasting my time or do I have a case?

I would be very grateful to hear from people in the know.

Many thanks for reading my post.

Aberdeen_3

Is there a set definition of what would constitute "Energy Efficient"?

poppy10_2

Aberdeen wrote: »

Is there a set definition of what would constitute "Energy Efficient"?

Exactly. If the builder had claimed that the flat was a category B on the Energy Performance Certificate when it turned out to be a category D then they might have a case to answer, but a general term such as "energy efficient" could mean anything. My workplace is a category G, compared to that your flat seems very energy efficient indeed.

Pipeandslippers20

Hi

You mean what the builder's said or what the EPC has based the score on?
The builder printed on the glossy leaflets in the sales office that they were as much.

Pipeandslippers20

poppy10 wrote: »

Exactly. If the builder had claimed that the flat was a category B on the Energy Performance Certificate when it turned out to be a category D then they might have a case to answer, but a general term such as "energy efficient" could mean anything. My workplace is a category G, compared to that your flat seems very energy efficient indeed.

I take your point, but there was no such need for an EPC when it was sold so they would have been unable to put it in a category.
The bands of A to G go from green (A) to red (G). D is classed as yellow, so it's neither 'efficient' (as advertised) or inefficient.

Aberdeen_3

But what are you comparing your property against when you say the rating "proves" that it isn't energy efficient?

If there is no defined level that a house needs to be add in order to be considered efficient, or the builder hasn't made a specific measurable promise on efficiency (e.g. if the builder had promised a B rating) then it's difficult to see where you could go with it.

P.S. My 100 year old granite house must be down at a G rating so I feel your pain re. the high bills!

poppy10_2

davidandrewlawrence wrote: »

D is classed as yellow, so it's neither 'efficient' (as advertised) or inefficient.

That's your opinion, and its perfectly valid. However, as I said, compared to a category G property, your flat is extremely energy efficient. The point is, the term is 'energy efficient' had no clear legal definition at the time you bought the flat, and is therefore subjective and essentially meaningless. You aren't going to be able to claim against the builder.

Pipeandslippers20

Aberdeen wrote: »

But what are you comparing your property against when you say the rating "proves" that it isn't energy efficient?

If there is no defined level that a house needs to be add in order to be considered efficient, or the builder hasn't made a specific measurable promise on efficiency (e.g. if the builder had promised a B rating) then it's difficult to see where you could go with it.

I'm not comparing it as such, all homes bought, sold or rented require an EPC and the grading that my property has been given is D, which is simply the middle grading, so neither good nor bad. I could not sell this as energy efficient, it would be technically wrong according to this.

I guess your point is that they had no scale with which to measure it against, i.e. if they sold it after EPC's were required then there would be a stronger argument.

Aberdeen_3

davidandrewlawrence wrote: »

I'm not comparing it as such, all homes bought, sold or rented require an EPC and the grading that my property has been given is D, which is simply the middle grading, so neither good nor bad. I could not sell this as energy efficient, it would be technically wrong according to this.

I guess your point is that they had no scale with which to measure it against, i.e. if they sold it after EPC's were required then there would be a stronger argument.

Kind of.

Your flat is "Energy Efficient" - with an efficiency rating of D. This is just a matter of positions of efficiency on a scale.

The builder never made you any promises as to where your property would be on this efficiency scale (maybe D was their target? Who knows) so it's hard to see how you can argue that the property isn't as efficient as was promised.... when no tangible promise was made!

BadgerFace_2

I'd have thought you have no chance. It's akin to the builder stating the property is 'a bargain'. A bargain in relation to what...and what was a bargain yesterday may not be today. Completely subjective.

Pipeandslippers20

Aberdeen wrote: »

Kind of.

Your flat is "Energy Efficient" - with an efficiency rating of D. This is just a matter of positions of efficiency on a scale.

The builder never made you any promises as to where your property would be on this efficiency scale (maybe D was their target? Who knows) so it's hard to see how you can argue that the property isn't as efficient as was promised.... when no tangible promise was made!

Again I take your point, but you have to agree that on a common scale of A to G, D isn't good when you look at the overall picture - which is the whole point of these surveys. It might be energy efficient compared to an old office building, but one wouldn't be comparing like with like there.

A bit of a play on words from the builders..