BLOGS

Minimum Energy Efficiency Standards for Listed Buildings

If you are selling a property, you will not be able to do so unless you have a valid EPC in place. If you are renting a property out, you will need an EPC to demonstrate you have complied with the minimum energy efficiency standards. This requirement is linked to the Minimum Energy Efficiency Standards (“MEES”).

An EPC is valid for 10 years and records the energy efficiency of a building, rated from A (very efficient) – G (inefficient).

Some buildings are exempt from the requirements to obtain an EPC and comply with the MEES. These buildings included but are not limited to: places of worship, temporary buildings that will be used for less than 2 years; buildings due to be demolished; residential buildings intended to be used for less than 4 months a year and in some cases, listed buildings. 

Many people think that listed buildings are automatically exempt from needing to have a valid EPC in place when a person is selling. This is a misapprehension. The EPC regulations do not state that listed buildings are exempt from the requirement to obtain EPCs but rather they are exempt “insofar as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance”. 

What does this mean?

To determine if a listed building is exempt from needing to have an EPC and comply with the MEES, a property owner first needs to consider:- 

1. What the potential or recommended energy efficiency improvement works are for the property; and 

2. Whether implementing the recommendations would unacceptably alter the character or appearance of the building.

There is no clear-cut answer as to whether a listed building is exempt from the requirement of obtaining an EPC. In most cases it is likely that an EPC assessor will need to review the property in order to determine if a property is exempt or not.

There are many energy efficiency issues common with listed buildings e.g. single glazed windows causing heat loss; outdated heating systems. Some recommendations if implemented would unacceptably alter the character or appearance of the building e.g. if it was suggested that old single-pane sash windows needed to be replaced with new double glazed windows if the windows were included within the listing. On the other hand, replacing the boiler may not alter the character of the building.

When trying to ascertain if an alteration to a listed building would “unacceptably alter the character of the property”, there is no definitive list of what would fall into this category and a property owner would need to look carefully at the listing description. Government guidance does however provide that many of the recommendations in an EPC report such as double glazing, new doors and windows, external wall insulation and external boiler flues would fall into this category and the local conservation area should be contacted if a property owner of a listed building is in doubt.

The Government has proposed clarifying the rules in relation to EPCs for listed buildings. Given there is a penalty for selling a property without an EPC where one is required of a fine of up to £5,000, it is therefore important to ensure that a listed building complies with the EPC requirements or obtains an exemption to err on the side of caution.