The Department for Business, Energy and Industrial Strategy (DBEIS) published guidance for landlords of non-domestic private rented property on the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (the Regulations) on 23 February 2017 (the Guidance).
Triggers for the MEES regime
The minimum level of energy efficiency prescribed by the Regulations is EPC rating E. In principle, the Regulations only apply to properties that are required to have an EPC rating. The Regulations apply to new lettings from 1 April 2018 and to all lettings from 1 April 2023.
EPCs are valid for 10 years. If an EPC expires before 2023 there is no requirement to produce a new one (so no requirement to carry out improvements) unless a triggering event occurs, such as a further letting (including a renewal lease or lease of part) or sale of the property.
A voluntary EPC (produced where there was no obligation to do so) may be registered on the official EPC database but registration does not oblige the landlord to perform works on the building if a voluntary EPC shows a rating of F or G.