BUSINESS CENTRES - ONE OR MULTIPLE EPCs....

We're constantly told that it is for the courts to interpret the law and provide clarity to such questions. For now, the best source for clarification is the Government issued Landlords Guidance document entitled “A guide to energy performance certificates for the construction, sale and let of non dwellings (Improving the energy efficiency of our buildings)” and can be found using this link reading from the start of Chapter 1 (pages 6, 7 and 8). This advice applies to any commercial 'multiple occupancy' setting, not just Business Centres.

1. Key text that provides the required direction reads “A part of a building designed or altered to be used separately is where the accommodation is made or adapted for separate occupation. This could be indicated by the accommodation having its own access, separate provision of heating and ventilation or shared heating and ventilation, but with the ability by the occupier to independently control those services. For a non-dwelling the part could be deemed to be separate even if some facilities (i.e. kitchen and toilet facilities) were shared. An example might be a unit in a shopping centre or a floor in an office building.”
    
   
2. In general terms the EPC provided or made available should reflect the accommodation being sold or rented out. In terms of the requirement for an EPC, buildings can have multiple tenancies, differing lease agreements, various sub-letting arrangements and different uses (e.g. mixed retail, residential and office accommodation).
    
   
3. To determine the requirement for an EPC in a building, the following should be considered….Fixed services are any part of, or any controls associated with, fixed systems for heating, mechanical ventilation or air conditioning i.e. those services attached to the fabric of the building.
    
   
4. There is also a flowchart on page 8 which is intended to assist with the decision to commission an EPC.
    
   
5. Chapter 4 on page 14 also clarifies the requirement where there are multiple occupation units within a building, with a supporting diagram.

Until such time as a suitable person has undertaken a review of the whole of the premises (all of the letting units, and all Common and Retained parts) then no clear decision can be made regarding the suitability of a single EPC. The review will consider all of the HVAC (heating, cooling and ventilation) systems that serve the premises and will determine if they are centrally controlled or if control is devolved to the individual units occupied by the tenants. If any of the HVAC systems are controlled at the tenant level then EPC’s on each of the letting units must be prepared and be available to persons interested in a unit or units.

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