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Press Release - June 09
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Fixed Services and Energy Performance Certificates - Further guidance available
It is understood that many persons responsible for providing an EPC for their properties either before selling or leasing have attempted to bypass the EPC regulations by removing all fixed services in the belief that their property will no longer fall under the requirements of an EPC. This is in breach of the legislation and is backed up by recent guidance provided by the BRE.

Within the BRE Technical Update, Issue 008, April 2009, the BRE has provided further guidance on the definition of fixed services. The Technical Update highlights a number of key factors that need to be considered before a building without fixed services can be confidently declared as not requiring an EPC.

This guidance is key as it is understood within this new sector that buildings previously thought not to require an EPC will require an EPC. This will only become apparent once fiscal measures are implemented by the Trading Standards Department of the relevant local authority to a dutyholder that has not provided an EPC.

The Department of Communities and Local Government guidance of July 2008 (‘A guide to energy performance certificates for the construction, sale and let of non-dwellings’ (2nd edition)) states the following:

  • fixed services are any part of, or any controls associated with, fixed systems for heating, mechanical ventilation or air conditioning i.e. those services attached to the fabric of the building;

  • if there is no intention of having fixed services and no ability to include fixed services to condition the indoor climate, then an EPC will not be required;

  • if a building is to be let with fixed services, the EPC for the building should reflect the fixed services actually installed;

  • if a building is to be let without fixed services, but there is an intention that fixed services will be installed, the EPC should be based on the building’s use class under the planning legislation. This applies whether fixed services have ever been installed previously in the building, or whether the building is newly constructed on a “shell and core” basis.

    There appears to be some confusion about the information that should be entered into the computer modelling programme used to produce the EPC: eg: SBEM. Where there is no heating within the building at the time of the inspection the guidance states that ‘the most energy intensive fit-out adopted in line with Part L of the Building Regulations in force when the building was built - this usually means electric panel heater’ should be entered into the model used for producing the EPC.

    If a building is to be let without fixed services, but there is an intention that fixed services will be installed, the EPC should be based on the building’s use class under the planning legislation.

    Thus, the key considerations are as follows:
  • How is the building being marketed:
    a) Use Classes Order.
    b) Range of potential occupiers and the likely requirement for fixed heating.

  • For newly constructed buildings:
    a)What was/is being specified by the owner/developer?

  • For existing buildings:
    a)The system last present in the building (fuel and boiler/heater types) even if currently redundant or removed.

    The following checklist can be used to determine if a building currently without fixed heating requires an EPC:
  • Is the building type exempt?
  • Are there any fixed services present or specified?
    a) Controls
    b) Heating systems
    c) Mechanical ventilation or air conditioning

  • Has it ever had fixed services?
    a) What was originally specified?
    b) What was previously installed?
    c) What is the likely requirement of the potential new owner/occupier?

    IF THERE IS ANY DOUBT ABOUT AN EXEMPTION THEN AN EPC IS REQUIRED



    For further information about this press release please contact Kerry Stead or Phil Gelsthorpe at Wilbourn Associates on 0114 243 5500 / 07973 797011.



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