The Government released guidance for on 9 October 2017, for landlords of privately rented domestic property on complying with the regulations for 2018 ‘Minimum Level of Energy Efficiency’ standard (EPC band E). Read the guidance on the Gov.uk website.
Complying with the law from April 2018
New Government regulations* come into force from April 2018 that set a minimum energy efficiency rating for privately rented properties. A landlord of a private rented property with an Energy Performance Certificate (EPC) rating of F or G must not grant a new lease or renew an existing lease of that property until works have been carried out to improve the energy efficiency to a rating of E or above.
As a Council we are working to proactively identify properties that do not meet this new minimum energy efficiency standard and alert the landlords to this new law and the changes required as a result.
Any properties with existing tenancies cannot continue to be rented past April 2020 until they also achieve an E rating or above on the EPC register. We would advise you not to delay in identifying what works are required and the costs of these so you can plan ahead for these compulsory changes.
Requirements of the Regulations
The Regulations apply to domestic private rented sector properties in England and Wales. This means:
- Properties let under an assured tenancy or a shorthold;
- A tenancy which is a regulated tenancy for the purposes of the Rent Acts; or
- Properties let:
(a) On a tenancy which is an assured agricultural occupancy;
(b) On a protected tenancy under the Rent Act 1976; or
(c) On a statutory tenancy under that Act.
Is my property included?
Properties included in the regulations are any domestic privately rented property which: has an EPC, and is either (i) required to have an EPC; or (ii) is within a larger unit which itself is required to have an EPC, either at point of sale, or point of let.
If your property does not require an EPC then the Regulations do not apply. No changes are made to existing regulations regarding the provision of EPCs.
The EPC must be valid and be no more than 10 years old.
Exemptions and restrictions to making improvements
There are some exemptions to the new regulations. If your property meets exemption criteria you must register it on the Government’s National Exemptions Register. This is due to open on 1st October 2017.
The Register, listing all exemptions will be open to public inspection. If a landlord fails to register any exemption this will render the exemption ineffective, and will amount to non-compliance with the regulations. The Council, as the Enforcement Authority will be entitled to require landlords to furnish them with evidence supporting a claim for an exemption. Landlords will also be in breach of the regulations if they claim an exemption to which they are not properly entitled.
Exemptions will only last for 5 years. They will then need to be reviewed to see if they are still effective. If not the work will have to be carried out.
To see the list of exemptions and restrictions please refer to Part 3, Chapter 4.
The local authority (North Kesteven District Council) has responsibility to enforce the regulations. Please refer to the full regulations for more details on the enforcement process as well as the appeal process by the First Tier Tribunal service.
If you have any questions or are unsure how the regulations affect you as a landlord we would advise you to approach your housing agent, contact our Private Sector Housing team at email@example.com or seek independent legal advice.
List of eligible improvements
So long as the minimum E rating is obtained, it is left to the landlord to choose which works need to be carried out from the list of eligible improvements below.
- Air source heat pumps
- Thermostat boilers
- Thermostat room heaters
- Cavity wall insulation
- Solid wall insulation (internal or external)
- Cylinder thermostats
- Draught proofing
- Duct insulation
- Hot water showers/systems (efficient)
- Hot water taps (efficient)
- External wall insulation systems
- Fan assisted replacement storage heaters
- Flue gas recovery devices
- Ground source heat pumps
- Heating controls (for wet central heating systems and warm air systems)
- Heating ventilation and air conditioning controls
- High performance external doors
- Hot water controls (including timers and temperature control)
- Hot water cylinder insulation
- Internal wall insulation (or external walls)
- Lighting systems fittings and controls (including roof lights, lamps and luminaires)
- Loft or rafter insulation (including loft hatch insulation)
- Mechanical ventilation with heat recovery
- Micro combined heating power
- Micro wind generation
- Pipework insulation
- Gas fired condensing boilers
- Replacement glazing
- Oil fired condensing boilers
- Warm air units
- Radian heating
- Roof insulation
- Warming roof insulation
- Ceiling improvements (including duct ceiling)
- Secondary glazing
- Solar water heating
- Solar blind, shutters and shading devices
- Transpired solar collectors
- Under floor heating
- Under floor insulation
- Variable speed driers for fans and pumps
- Waste water heat recovery devices attached to showers
- Water source heat pumps