There is a common misunderstanding relating to listed buildings and whether they are exempt from the requirement to obtain an EPC.

Listed properties, and buildings within a conservation area, will not necessarily be exempt from the requirement to have a valid EPC and it’s down to the owner of a listed building to understand whether or not their property is required to have an EPC.

An EPC is not currently required for a listed property or building within a conservation area when it is sold or rented in so far as compliance with minimum energy performance requirements would unacceptably alter its character or appearance.

Examples of energy performance measures which may alter character or appearance (or as a minimum are likely to require local authority planning permission to install on a listed building) include external solid wall insulation, replacement glazing, solar panels, or an external wall mounted air source heat pump. Where character or appearance would not be altered by compliance with energy performance requirements, an EPC may be legally required.

With regard to Listed buildings, exemptions can be registered, however an EPC still needs to be prepared to determine whether improvements to energy performance could be undertaken without detrimental impact on the historic character or appearance of the building.

With the government’s aim to become carbon neutral, it is reviewing proposals which would mean a minimum threshold of band B by 2030. It is proposed that a phased approach be adopted:

• April 2025 – landlords must submit a valid EPC and there is then a 2-year window for compliance

• April 2027 – unless the EPC is band C or above, landlords must obtain another EPC to show that the building has been improved to a band C or have achieved the best available taking a reasonable view as to cost.

Currently the requirement for an EPC is triggered at the point of a letting and the EPC is valid for a period of 10 years after which it expires and the requirement for a new EPC is not triggered until the building is re-let. Another key change of the new proposals is that a building must have a valid EPC at all times.

The requirement to upgrade buildings to achieve a band B will have a cost implication for landlords, however this may be balanced by a greater ability to let the property and potentially an increased capital value.

Landlords may seek to pass some of the burden onto tenants, particularly where there is a lease renewal situation and the tenant will not be vacating and thus restricting landlord ability to carry out works. There may need to be a more collaborative approach between landlord and tenant as ultimately it is the tenant that will benefit from lower building running costs.

For further advice on your legal obligations when renting a commercial property or any aspect of buying, renting or selling commercial property, contact Ian Eggleton on ian.eggleton@evansjones.co.uk

Ian Eggleton is Director of Building Consultancy at Evans Jones Planning and Property Consultancy, based in Cheltenham, with offices in London and Reading.