Stacey Surveys Ltd
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Commercial EPC Enforcement
Local weights and measures authorities (usually through their trading standards officers) are responsible for enforcing the requirement to have a Commercial EPC on sale or let of a building.
Failure to make available an EPC as required by the regulations means the relevant person (i.e. seller or landlord) or a person acting on their behalf (i.e. estate or letting agent) may be liable to a civil penalty charge notice.
The penalty for failing to make an EPC available to any prospective buyer or tenant when selling or renting a non-dwelling is fixed, in most cases, at 12.5 per cent of the rateable value of the building, with a default penalty of £750 where the formula cannot be applied. The range of penalties under this formula are set with a minimum of £500 and capped at a maximum of £5,000.
A further penalty can be issued for failure to provide a copy of the EPC when requested to an officer of an enforcement authority within seven days. This is fixed at £200.