EPC missing and no record of it!

Money164

Hello!
I thought our house selling and buying was going too smoothly - we've had a hiccup today!


We're selling a flat which is less than 10 years old. We accepted an offer May / June time and it's only now come to light by the solicitor that there is no EPC certificate for the property
We have a SAP certificate and from reading online apparently that should have been used to help create the EPC but this was never received. Furthermore we've looked on the EPC Register and there is no record of any certificate for our flat! All other flats in the block had one but ours hasn't.
Obviously now our buyers solicitor needs this urgently and we are being asked to pay for an EPC to be done - but our argument is surely, the developer should have completed one 6 years ago when it was built?
Where do we stand? Should we just agree to pay for a new EPC? Should Crest Nicholson have done one in the first place?


Thank you!

jjlandlord

By law you must disclose the EPC when marketing the property... Your EA made you break the law.

Gonzo1987

Why on earth has your agent not pointed out you need to atleast have one instructed at the point of marketing? Did they ask you for a copy?!

Money164

Yes that's what the EA said - however they also said at the very beginning that as the property was less than 10 years old it would already have one. However, upon looking now, it looks like Crest Nicholson never had an EPC done - or if they did, there is no record of it. So should we pay for a new one even though there should be one from Crest?

Money164

Gonzo - they assumed as the property was less than 10 years old it would already have one - which it should have? But there is no record of Crest ever doing one!

Mossfarr

If you are at risk of losing your sale I would think your best option is just get a new EPC done. They don't cost much (Circa £50). Saving yourself the stress of chasing up faceless developers has got to be worth that much surely?
mossfarr

Gonzo1987

Money164 wrote: »

Gonzo - they assumed as the property was less than 10 years old it would already have one - which it should have? But there is no record of Crest ever doing one!

Any marketing material for the property needs to have the EPC info on it - what did the agents do with out this? What does it say on the sale particulars?

Not having an EPC could lead to a find of £200 for each breach - unlikely, but there are penalties for not having them.

Money164

Mossfarr wrote: »

If you are at risk of losing your sale I would think your best option is just get a new EPC done. They don't cost much (Circa £50). Saving yourself the stress of chasing up faceless developers has got to be worth that much surely?
mossfarr

Thanks Mossfarr - I think you are right. And presumably I don't need to pay the £95 the EA is quoting to get one done?!! (How they can charge that I don't know!)

Money164

Gonzo1987 wrote: »

Any marketing material for the property needs to have the EPC info on it - what did the agents do with out this? What does it say on the sale particulars?

Not having an EPC could lead to a find of £200 for each breach - unlikely, but there are penalties for not having them.

Thanks Gonzo - they did market the property without the EPC showing on the particulars. But I specifically remember the EA saying when he took our property photos /wrote up the sales details that the property would definitely already have an EPC because of it's age. I guess he (and we) should have checked that.
I don't mind paying for a new EPC (although not at the £95 the EA quoted!) It's just worrying that Crest never did the EPC in the first place! I can't understand why all the other flats are showing on the EPC register but not ours!

jjlandlord

He should have checked that since he had by law to include the first page of the EPC in all marketing material, including ads.

I would make clear that I will hold them liable for any loss incurred because of this.

Gonzo1987

Money164 wrote: »

Thanks Gonzo - they did market the property without the EPC showing on the particulars. But I specifically remember the EA saying when he took our property photos /wrote up the sales details that the property would definitely already have an EPC because of it's age. I guess he (and we) should have checked that.
I don't mind paying for a new EPC (although not at the £95 the EA quoted!) It's just worrying that Crest never did the EPC in the first place! I can't understand why all the other flats are showing on the EPC register but not ours!

I'd look to reporting your EA to what ever redress scheme they're part of. They can't market the property or produce marketing material without these figures.... They shouldn't have it on rightmove without these figures, or even in the window.