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BEIS Issues Non-domestic Landlord Energy Efficiency Guidance

Steps that a non-domestic landlord should take to determine whether their property is covered by the Energy Efficiency (Private Rented Property) (England and Wales) Regulations is covered in guidance issued by the Department for Business, Energy and Industrial Strategy (BEIS). The guidance sets out how landlords of privately rented non-domestic property can ensure compliance with the minimum level of energy efficiency standard, which comes into force in April 2018.

Under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, SI 2015/962, from April 2018, private non-domestic and domestic landlords must ensure the properties they rent in England and Wales reach at least an Energy Performance Certificate (EPC) rating of ‘E’ before granting a tenancy to new or existing tenants. The requirements will apply to all private rented non-domestic properties from April 2023, including where there has been no change in the tenancy arrangements.
Guidance
BEIS has issued guidance aimed at non-domestic landlords, Local Weights and Measures enforcement authorities, letting agents and other property management agencies.  The guidance covers:
• steps a landlord should take to determine whether their property is covered by the Regulations and to ensure their property complies with the minimum level of energy efficiency
• how a landlord can identify appropriate energy efficiency improvements for their property
• how a landlord can calculate whether improvements would be cost effective to install
• the exemptions framework and the steps a landlord should take to register a valid exemption
• the enforcement framework and the options open to enforcement authorities when policing compliance with the minimum  standards – including information on fines and other penalty  options
• the appeals framework – landlord appeals will be heard by the First-Tier Tribunal
Next steps
Where a landlord believes an ‘F’ or ‘G’ EPC-rated property qualifies for an exemption, this must be registered on the exemptions register. BEIS has confirmed further information on this will be available shortly.
Guidance to domestic private landlords will be published in due course.
UK Green Buildings Council (UKBC) comment
UKBC Campaign and Policy Director, John Alker said: ‘We warmly welcome the publication today of guidance for minimum energy efficiency standards.
‘The Regulations have already had a galvanising effect on the commercial property industry, which has been working hard for the last few years to prepare for these regulations.
‘This guidance provides vital clarity to commercial landlords about compliance and enforcement ahead of the regulations coming into force next April.
‘We now need to see the same clarity from government in relation to privately rented homes, to ensure that this crucial piece of legislation lives up to its potential, reducing energy bills for households and businesses alike.’
Source: Government publications
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