No EPC provided yet

PlumLuck

I'm just over a month into a property purchase and I haven't been provided with an EPC for the property yet.
Using the EPC checker online, I can see that it actually expired on the day I viewed the property.
It wasn't included in the RM advert or any of the particulars provided by the EA.

Should I be pressing the EA asking for when it will be provided?

MsACam

Simply - yes. It’s not hard to get one nor is it expensive (couple of hundred quid?) so what’s the problem? Tell them you need it done by X date (ie give a real deadline rather than wishy washy).

House_owner

You will need it before exchange of contracts.

MaryNB

They must provide you with a valid EPC at the earliest opportunity and no later then when you first request information about the property. 

From the government guidance - A guide to energy performance certificates for the marketing, sale and let of dwellings

EPC on marketing

Before a building is put on the market the seller or landlord must commission an EPC for the building if no valid EPC exists already for it. A person acting on behalf of the seller or landlord (for example, the estate or letting agent) must be satisfied that an EPC has been commissioned for the building before it is put on the market.

The seller or landlord or a person acting on their behalf must use all reasonable efforts to ensure the EPC is obtained within seven days. A further 21 days is allowed if after using all reasonable efforts the EPC cannot be obtained within seven days.

An estate or letting agent may on occasions provide a prospective buyer or tenant with a copy of the EPC. However, it remains the responsibility of the seller or landlord to make sure that a valid EPC has been given free of charge to the person who ultimately becomes the buyer or seller.

The energy performance indicator of the building as shown on the EPC, for example, C, must be stated in any advertisements in the commercial media. Failure to do so could result in a fine of £200 per advertisement.

EPC on sale or rent

When existing buildings are sold or rented out, the seller or landlord must make available an EPC at the earliest opportunity and no later than when a person: 

•  requests information about the building, the time at which the seller or landlord first makes available any information in writing about the building, or 
• makes a request to view the building, the time at which the person views the building. And must give, free of charge, a valid EPC to the person who ultimately becomes the buyer or tenant. 

PlumLuck

Thanks all.

MaryNB said:

They must provide you with a valid EPC at the earliest opportunity and no later then when you first request information about the property. 

From the government guidance - A guide to energy performance certificates for the marketing, sale and let of dwellings

I did see this guidance but I was slightly confused as to whether the vendor would need to obtain a new EPC or not, considering the previous EPC was valid on the date that the property was marketed (even though it wasn't on the RM advert).

Or whether they need to get a new one because they didn't explicitly provide me with it?

House_owner said:

You will need it before exchange of contracts.

But this makes it sound like it needs to be valid on completion so they need to do it anyway?

House_owner

PlumLuck said:

Thanks all.

MaryNB said:

They must provide you with a valid EPC at the earliest opportunity and no later then when you first request information about the property. 

From the government guidance - A guide to energy performance certificates for the marketing, sale and let of dwellings

I did see this guidance but I was slightly confused as to whether the vendor would need to obtain a new EPC or not, considering the previous EPC was valid on the date that the property was marketed (even though it wasn't on the RM advert).

Or whether they need to get a new one because they didn't explicitly provide me with it?

House_owner said:

You will need it before exchange of contracts.

But this makes it sound like it needs to be valid on completion so they need to do it anyway?

Yes - the EPC on the house I am buying ran out one month after putting my offer in, and my solicitor requested a new one to be done before exchange of contracts.

PlumLuck

House_owner said:

Yes - the EPC on the house I am buying ran out one month after putting my offer in, and my solicitor requested a new one to be done before exchange of contracts.

This is great to know, thank you

MaryNB

PlumLuck said:

Thanks all.

MaryNB said:

They must provide you with a valid EPC at the earliest opportunity and no later then when you first request information about the property. 

From the government guidance - A guide to energy performance certificates for the marketing, sale and let of dwellings

I did see this guidance but I was slightly confused as to whether the vendor would need to obtain a new EPC or not, considering the previous EPC was valid on the date that the property was marketed (even though it wasn't on the RM advert).

Or whether they need to get a new one because they didn't explicitly provide me with it?

House_owner said:

You will need it before exchange of contracts.

But this makes it sound like it needs to be valid on completion so they need to do it anyway?

I found some guidance on one legal website that said it had to be valid at completion but nothing on the government guidelines. The guidelines focus on the marketing phase.

I would argue that the guidance uses the words make available and give. Doesn't say that it just has to be valid or that the onus is on you to go looking for it elsewhere. 

I have no idea what the consequence of not providing an EPC are on the purchase of a property. As far as I'm aware the penalty relates to marketing and is enforced under trading standards. 

Press the EA for an EPC and see what they say first.  

canaldumidi

MsACam said:

Simply - yes. It’s not hard to get one nor is it expensive (couple of hundred quid?) so what’s the problem? ...

???? More like £40 - £50.

But they are pretty pointless in terms of what you learn from them and how reliable they are so......

PlumLuck

canaldumidi said:

???? More like £40 - £50.

But they are pretty pointless in terms of what you learn from them and how reliable they are so......

Ordinarily I really wouldn't care about it, but the property has had a large extension since one was last issues so I'm mainly just curious as to how it might have changed - and what the new square footage is!

My main concern is whether or not it would delay exchange/completion if no one has flagged it yet, but it sounds like my solicitor might be the only one that can answer this for sure.

MaryNB

PlumLuck said:

canaldumidi said:

???? More like £40 - £50.

But they are pretty pointless in terms of what you learn from them and how reliable they are so......

Ordinarily I really wouldn't care about it, but the property has had a large extension since one was last issues so I'm mainly just curious as to how it might have changed - and what the new square footage is!

My main concern is whether or not it would delay exchange/completion if no one has flagged it yet, but it sounds like my solicitor might be the only one that can answer this for sure.

I wouldn't rely on the EPC. It's at best a very rough guide on anything it covers. I've seen some nonsense on EPCs where I previously lived. 

The only way to be sure of the square footage is to get bring a tape measure (or my preference is a laser distance measurer) to a second viewing.