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The Department of Finance and Personnel has issued several letters to Estate Agents informing them of the consequences of their clients marketing domestic property for sale without having an Energy Performance Certificate. In the letter they warn that the Regulations include powers of enforcement and for the issuing of penalty charge notices (levy of fines) for failure to comply with the requirements.
The fine is £200 for each breach of the regulations.
 
It is important to remember it is the responsibility of the home owner
 not the Estate Agent of Solicitor to obtain Energy Performance Certificate.
 
New changes from 3 December 2009
Enforcement
If an EPC and an accompanying Recommendation Report have not made available to you from the “relevant person” (i.e. the owner, the landlord or the builder) you are entitled to contact the relevant enforcement authority who will pursue the matter on your behalf. On 3 December 2009, district councils became the enforcement authorities for these Regulations. If you have any enquiries regarding enforcement, or to report non-compliance, these should now be directed to Belfast City Council Building Control who will be co-ordinating enforcement on behalf of all district councils.
By post: Building Control Service
Belfast City Council
5th Floor
9 Lanyon Place
Belfast
BT1 3LP
By email: buildingcontrol@belfastcity.gov.uk

By phone: 028 90270432
 
 
 
 

                                                                                                             

   

Properties Division

River House

48 High Street

Belfast BT2 8AA

Telephone: 028 9051 8339

Fax: 028 9051 8345

E-mail: info.epb@dfpni.gov.uk

Date: 18 March 2009
 

Dear Sir/Madam
 

Energy Performance of Buildings (Certificates and Inspections)

Regulations (NI) 2008 (as amended)
 

As you should be aware, the above Regulations are now fully effective and

apply to all properties being constructed, sold or rented. I enclose copies of a

poster regarding the new EPC regulations which I hope you will display in

your premises at your own convenience to raise clients’ awareness of the

requirements.

Following on from previous correspondence dated 11 August 2008 and 24

October 2008, officials visited a number of agents’ offices to provide advice

and gauge compliance with the Regulations. We intend undertaking follow-up

visits during the coming weeks. During these visits we will be looking at a

sample of properties that are being marketed for sale or rent to check

compliance. As sufficient time has elapsed since the introduction of the

Regulations, we would intend to pursue enforcement action with the

owner/landlord if an EPC is not available for a property. As you are aware, if

the owner/landlord cannot produce an EPC, s/he will be eligible to be issued

with a Penalty Charge Notice which, where the building in question is a

dwelling, shall be £200 for each breach of the Regulations. Needless to say

the Department would prefer to see the EPC rather than having to pursue the

penalty charge route.

Finally, during the forthcoming visits officials will be happy to answer any

further questions you may have, but in the meantime you may wish to visit our

website at www.epb.dfpni.gov.uk
.

Yours sincerely
 

S McCrystal

 

Head of Building Standards Branch