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WHILE many play jokes on others on April 1, you cannot be a fool this year if you have an interest in commercial property writes Mohammed Rahman of Borneo Martell Turner Coulston Solicitors in Northampton. For April 1 was the next key date in the implementation of the Minimum Energy Efficiency Standards regulations.
From this date, it will be unlawful for a landlord to continue to let commercial premises with an EPC rating of F or G unless they have a valid exemption registered. By failing to comply with the regulations, a landlord risks incurring a financial penalty and the breach being publicised.
Although landlords of commercial premises who have a valid EPC of ‘E’ or above are safe for now, the government has consulted on plans to raise the minimum standard from ‘E’ to ‘C’ by 2027 and then raising the minimum further to ‘B’ by 2030.
As such, with the green agenda very much on the government’s manifesto, landlords need to be planning now for future compliance with the regulations, as standards will inevitably rise.
In particular, landlords may need to start:
- Identifying any sub-standard properties within their portfolio;
- Considering the optimum time for any necessary energy efficiency works to be carried out and how to fund them;
- Apportioning responsibility within leases for compliance with MEES / carrying out necessary energy efficiency works;
- Considering whether any exemptions may apply.
Landlords need to remember and appreciate that just because they have let a property out (whether on a short-term or long-term basis), they are not released or absolved from their responsibilities in relation to Energy Efficiency.
For advice and assistance on this or any other commercial property matters, contact Mohammed Rahman at or one of the other members of the commercial team on 01604 622101.
Borneo Martell Turner Coulston Solicitors have offices in Northampton and Kettering.