Listed property EPCs – possible exemption?

Listed property EPCs – possible exemption?

11:28 AM, 19th April 2022, About a month ago 10

Text Size

Listed property EPCs – Whilst having a Listed property is not an automatic “get out of jail free card” it seems to be a rather complex matter as to whether or not a specific Listed property will be exempted. Even on government sites, it is far from clear, with various suggestions for what might be done but even then no certain answer. If some of the possible improvements are actually made the building could then still fall short of what is required for the grade aimed at so in reality little will have been achieved.

One answer seems to me to apply for exemption and see what the Local Authority’s response is.

Does anyone reading this article have a listed property they have applied for EPC exemption on and with what result?

How was it dealt with and how does one apply?

How long does an exemption apply for – the building won`t materially change unless it becomes de-listed so theoretically it should be permanent, although I can`t see our bureaucrats doing that.

How long does the process take?

I have several Listed flats and in my naïve younger days I applied for EPCs on them with reasonable success so they still have satisfactory certificates, but I am fairly certain they would not meet up to C requirements when the time comes. I need to do something about 6 months or more before their expiry to allow time for either the process or improvements.

Of course, EPCs are only required to market a property, if a long term tenant is in situ and they run out there is no requirement to have them renewed at that stage.

Any advice or suggestions would be welcome.

Grahame



Comments

by DSR

12:13 PM, 19th April 2022, About a month ago

basically its a nightmare - there is no answer.

I think I am going to leave it to the last min - no option as we don't know what the rules actually are changing to yet! We will all then have reasonable excuse if we need work done as there will be no tradesmen to be able to book in to do anything anyway.

Oh and if you get a letter from your tenants saying they don't want any work until they completely leave then there's another way to delay it all.

by Mick Roberts

12:45 PM, 19th April 2022, About a month ago

I've got a mate buying one (not Listed) now which is an F & can't see any way round it to get the mortgage.

What I have been thinking is, these people that can't sell their houses with F rating, quite often they may be in bad position financially and not being able to sell or sell quick will make them worse off.
Govt should rethink this quickly. This will come out more as time goes on.
Just as people couldn't switch from high mortgages cause of new affordability rules even though they could afford the lower cheaper mortgage.

by Simon Holloway

13:23 PM, 19th April 2022, About a month ago

There are two issues here. Technically a listed property doesn't need to have an EPC - however, all rental properties need to comply with MEES (minimum Energy Efficiency Standards) - and the only way to establish whether it does or not is to have an EPC - kind of a Catch 22 situation.

by Seething Landlord

13:32 PM, 19th April 2022, About a month ago

I suggest that you check the government website which states that if you are currently letting a property with an EPC rating F or G you must improve the property's rating to E immediately, or register an exemption.

As for future requirements and exemptions, nobody yet knows.

by DSR

14:13 PM, 19th April 2022, About a month ago

Reply to the comment left by Simon Holloway at 19/04/2022 - 13:23agree - confusing.
I may be looking to rely on exemption as a result of the tenant not wanting the work done and the upset of it. All you need is a letter from them saying they refuse until they leave the property. You could argue that you 'could not reasonably comply' as you cant just barge in and do work without their permission. If I comes to I will happily provide them a letter for them to sign and a nice thank you for signing it 😉 ...
Third-party consent exemption
Register this exemption if the relevant improvements for your property need consent from another party, such as a tenant, superior landlord, morgagee, freeholder or planning department, and despite your best efforts that consent cannot be obtained, or is given subject to conditions you could not reasonably comply with.
This exemption lasts:
5 years
or, where lack of tenant consent was the issue, until the current tenancy ends or is assigned to a new tenant.

by Doug Hough

16:18 PM, 19th April 2022, About a month ago

Reply to the comment left by Simon Holloway at 19/04/2022 - 13:23
Not strictly true. The legislation is poorly worded and the guidance is even worse but a Listed Building will normally require an EPC just like any other property. The exemption clearly states that Listed Buildings are only exempt insofar as any improvement carried out would unacceptably damage the character of the property. Most Listed Buildings can still be improved by at least some measures. Also, the act of getting an EPC itself would never damage the character of the property, so the exemption on applies to possible improvements.

by Simon Holloway

16:32 PM, 19th April 2022, About a month ago

Reply to the comment left by Doug Hough at 19/04/2022 - 16:18
As far as I know, you do not need an EPC in order to sell a listed building as they are exempt along with places of worship, buildings due to be demolished etc. The problems arise when you want to let one out.

by Pamela Young

8:51 AM, 20th April 2022, About a month ago

I've been actively seeking information and advice from as many Government bodies as I can find, and had decided to watch the dust settle and see how the legislation is tested by others. I have quotes to improve my properties which equate to several years of rental profits and am considering selling up. (Who will be able to buy my one F rated flat?)

I have just discovered that the EPC ratings obtained in 2018 may have been done by someone using a software package without full appreciation of the intricacies. The result..... five of my E rated properties have suddenly been re-rated as D. I would encourage landlords to check their current certificates carefully.

by Martin S

12:49 PM, 23rd April 2022, About a month ago

Another aspect of this, is property in Conservation Areas. I've just bought a cottage, built 1667, which oddly isn't listed, although everything else in the area is. I have documentation from the local Council, dated 1972, who served a Notice on the then owner, stating that the property was 'Of Significant Historic Interest', whatever that might mean in real terms.
The bottom line is that being in a Conservation area, means that most of the constraints re Listing apply, but I guess unlikely to carry any weight when it comes to EPC's. Has anybody had experience of this?
.

by Robert M

23:31 PM, 24th April 2022, About a month ago

Simple.

Just email your local council planning department.

Tell them that the housing department are unable to confirm if an EPC is needed for an HMO licence. Therefore, advise them that you are considering solar panels, heat pumps, double glazing and external wall insulation to meet the EPC C requirements and ask them what would be liklely to be accepted on a planning application. Seriously, they need to come off the fence and decide. I understand Edinburgh approved slimline double glazing for listed properties. What does your council allow? Also, the listing may be for paricular fetaures allowing other improvements. I know a pub that is listed for its bar area only.

You could also tell them that the property has electricity and gas central heating installed but you are unable to trace authority for these and ask for retrospective approval.

A typical council appears to confuse conservation with preservation. I have a modern property built in the 1980s in a conservation area and wonder precisely what is being conserved.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

BECOME A MEMBER

Landlord Tax Planning Book Now