Who polices the EPC regime?
Local Trading Standards Officers have the powers to fine vendors/lessors for non-compliance. If the relevant person or his/her agent does not provide a commercial EPC upon inspection or with sales particulars then he/she is liable to a fine from the local weights and measures authority (trading standards officer). The officer can ‘require a person who appears to him to be subject to any duties under the regulations to produce a copy of a valid EPC at any time up until 6 months after the marketing took place’. The fine is based on a number of criteria but is mainly calculated on 12.5% of rateable value between a minimum of £500 and a maximum of £5,000. You have defence against a penalty charge notice if you made a proper request for an EPC to an appropriate person at least 14 days before it was required and despite all reasonable efforts, you have not received a valid EPC at the relevant time.
