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Domestic EPC Enforcement
The trading standards department for the area is responsible for enforcing the regulations that require domestic EPCs to be produced.
If the landlord or seller has failed to provide an EPC to a tenant or buyer, or fails to show an EPC to an enforcement officer when asked, trading standards can issue a notice with a penalty charge of £200 per dwelling. In addition, an EPC for the property will still have to be provided by the landlord/seller to the new tenant/ buyer.
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.