Can a prospective tenant or buyer waive their right to receive an EPC? The relevant person has a duty to provide an EPC to a prospective buyer or tenant and will be liable to a penalty charge if he fails to do so, irrespective of whether the prospective buyer or tenant purports to waive an entitlement to receive the certificate.

What software can be used to produce EPCs? Only software approved by Communities and Local Government can be used to produce EPCs.

Do I have to act on the recommendations? You are under no obligation to act on the recommendations for energy improvements to the building. However, taking action on the recommendations is likely to improve the energy efficiency of your building, reduce your fuel bills, cut its carbon emissions and could make it more attractive to potential buyers or tenants in the future.

What if a building is required urgently for rental and there is no time to commission an inspection? This is permissible under the regulations if there is an emergency requiring a tenant’s urgent relocation. An EPC should be provided as soon as practicable after renting out the building.

I’m selling a building for demolition – do I need an EPC? If you can demonstrate the building is suitable for demolition and the resulting site is suitable for redevelopment and you believe on reasonable grounds that the prospective buyer or tenant intends to demolish the building, you do not need to provide an EPC. Generally this can be demonstrated by having the relevant planning permission or evidence that planning permission has been applied for.

This information is derived from the Communities and Local Government document which can be viewed here.