By Steve Roulstone
Last week I spoke about the confusion surrounding the introduction of the new legislation surrounding the supply of EPC’s to potential Tenants and how they need to be displayed when advertising properties in both the media and standard window displays. This week we have achieved some clarity through this link to a Q&A paper supplied by the NFPP.
Display documents.
Thankfully, it confirms that window display do not need to have the EPC displayed, which would as a stated, have meant whole scale changes throughout. In fact the clarification does make sense and now every time we give the same property documents as displayed actually out upon request, a copy of the first page of the EPC will be attached. Internet documents have always been clear and a copy needs to be available via a link for every property displayed.
Remaining question.
One area still remains unanswered and this is mainly because the Trading Standards Office (TSO) have as yet failed to contact me to confirm how they view electronic window displays, such as a TV with a scrolling image. As the TSO are the agency charged with enforcing the regulations and the body who will issue fines for non compliance, they will be the body I will seek confirmation from, but hopefully common sense will again prevail and the term ‘window display’ will win over ‘electronic display’ when they confirm an answer as it is the difference between the two definitions that is causing the remaining confusion.
Remaining confusion.
However, one area of the new regulations is still causing confusion and that is whether an EPC in the new format is required even if the existing one is still within its ten year time frame. At present each EPC for a rented property does have a ten year life, but the new regulations ask for certain pieces of information, as displayed on page one of the new style certificates to be included, but this information is not on page one of the old style certificates.
Legal view.
The legal view is that to comply with the legislation, a new certificate has to be supplied, otherwise how can we provide the information as needed on page one of the new style certificates. Bearing in mind the regulations actually confirms the data as listed on page 1 of the new certificates.
Industry view.
Surprisingly, the view of the industry (at least locally) is that a new certificate is NOT required, and that the old style, even though it does not include the data referred to on page 1, is sufficient. Surprisingly because one would assume they would take the line of least resistance and of course, increased revenue!
Still waiting.
Having now been waiting for over a week for TSO to phone me back, had a row with my legal advisor because he cannot see the commercial sense with which I will be putting my Company at a disadvantage if I only took his view locally and had to insist that my current EPC provider asks again specifically about the issue of providing the data as specified when he has already responded to my question, means I am winning no friends in trying to resolve the issue, but as it is my Company that would be fined if we get it wrong, I must be persistent. But the worst comment that has come out of this shambles and I firmly believe that it is a shambles, is that there is no definitive answer, and only the courts could provide one! Perhaps I should just ignore the law then unless my Company is successfully prosecuted? It just makes further nonsense all round!
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