An energy performance certificate tells you how easy it should be to keep your home warm. Homes with an A rating cost much less to heat than homes with an F or G rating.
The law requires private rented properties to have a minimum energy performance rating of E or above. Properties with a rating of F or G are substandard and may be unlawful to let under the minimum energy efficiency scheme regulations.
It is a legal requirement for a certificate to be given to the tenant when a property is let or to any prospective buyer. You can find out your rating on the Government website.
A certificate lasts for 10 years and must be renewed if the property is re-let or sold after that time.
Substandard homes - F or G rated
Landlords have a legal duty to make improvements so that rented properties have at least an E rating, if not higher.
Significant energy efficiency improvements may not be possible in some homes. Where this is not possible, landlords must register an exemption on the public exemptions register. We look out for F or G rated homes and check the register. Any landlord who breaches the minimum energy efficiency scheme regulations faces fines of up to £5,000 per property.
See our penalty charge principles which describe the different fees that can be applied.
Find out if a property has a registered exemption on the Government website.
More advice
If you have any concerns about heating or properties that do not meet the standard, contact us.
Minimum energy efficiency standards regulations
The 2018 regulations have applied to all tenancies from 1st April 2020.
The regulations aim to reduce carbon dioxide emissions and help tenants save on their energy bills.
Advice for landlords
The government requires us to enforce the regulations and expects landlords to invest up to £3,500 to provide energy efficiency improvements in each rental property.
Not all homes can be brought up to the minimum E standard. The regulations allow landlords to apply for exemptions in certain situations, including:
- where all the relevant energy-efficiency improvements for the property have been made, or there are none that can be made, and the property remains substandard
- third-party consent cannot be obtained – for example, the tenant refuses access
- circumstances where cavity wall insulation, external wall insulation systems, and internal wall insulation systems are not appropriate
- if the required improvements would result in a reduction of more than 5% in the market value of the property
- temporary exemption for six months from the date a landlord becomes the landlord of the property in question in certain circumstances
You can find more regulations guidance for landlords on the Government website.
Applying for exemptions
The Government has published guidance on applying for exemptions on the Government website.
We have a duty to check information used to register exemptions, and you may be contacted and asked to provide further information.
Registering an exemption does not excuse a landlord from their obligations under the Landlord and Tenant Act 1985 to a property to ensure it is fit for habitation. That includes freedom from prescribed hazards including excess cold, for which we can require improvements to be made under the Housing Act 2004.
Historic buildings, listed buildings or buildings within a conservation area may be exempt if compliance with the minimum energy requirements would unacceptably alter their character or appearance.
This is not a blanket exemption. If a building is protected, it may still be possible to make improvements. This is only possible where the character or appearance is not altered.
Unacceptable alterations in most protected buildings would be:
- double glazing
- new doors and windows
- external wall insulation
- external boiler flues
However, there are many more low-impact measures that may be acceptable. The onus is on the owner to understand which works may, or may not, be permitted on their property.
When applying for an exemption, owners will need to evidence both of the following:
- that all recommended measures on their energy performance certificate would unacceptably alter the character or appearance of the building
- that none of the recommended measures could have been carried out, to improve the energy efficiency of the building
Owners of such properties should seek advice from the planning department and apply for planning permission where necessary.
Cold homes
Damp or disrepair may result in homes being hard to heat. For example, windows may let in draughts, gutters or roofs may leak causing damp, or heating systems breakdown.
If landlords refuse to carry out repairs, tenants can:
- start a claim in small claims court for repairs under £5,000
- in some circumstances, carry out the repairs themselves and deduct the cost from their rent
If landlords do not make repairs to remove hazards such as excess cold, tenants can ask the council to inspect the property under the housing health and safety rating system and to take any necessary action.
If we find serious hazards, we must take enforcement action to make sure that the hazard is removed.
Listed buildings and conservation areas
Government guidance on energy performance certificates states that:
- existing dwellings require an energy performance certificates when they are sold or rented
- this includes listed buildings and those in conservation areas unless compliance with minimum energy performance requirements would unacceptably alter their character or appearance
- owners will need to take a view as to whether this applies to their buildings
- only an accredited energy assessor can lodge data on the domestic energy performance certificate register and produce a certificate
The guidance suggests owners may wish to seek advice from the council’s conservation officer. However, due to limited resources, we offer the following general advice in the first instance.
The following works do not usually require listed building consent:
- additional loft insulation
- upgrading of heating controls and thermostats
- installation of mains gas, provided the meter is inside the building
- re-opening existing chimney and installation of wood burner
- replacement of existing boiler / hot water cylinder using existing pipework / existing flue
- repair and refurbishment of existing windows on a like-for-like basis
These works require listed building consent and might be acceptable:
- secondary glazing
- like for like replacement of windows which are beyond repair
The following works need listed building consent which is unlikely to be granted as they would unacceptably alter the character or appearance of the listed building:
- double glazing
- new doors and windows
- wall or floor insulation
- suspended ceilings
- new external boiler flues
- solar heating panels
- wind turbines
In conservation areas the general rule is that there must be no adverse effect on the visual character of the area. Details of conservation areas can be found here.
If the property is situated within the North Yorkshire Moors National Park area, you should contact the park’s building conservation team. Email building@northyorkmoors.org.uk or call 01439 772700 for advice.
Landlords renting listed buildings
We offer a discretionary service for domestic landlords renting listed buildings. We can help apply for the evidence needed to request an exemption under the minimum energy efficiency standards.
Information in the current energy performance certificate is used. And guidance is provided on whether consent for each of the proposed energy efficiency improvements could be obtained.
We supply this guidance within 15 working days. There is a charge for this service.
| Private rented sector minimum energy efficiency standards | Cost |
|---|---|
| Providing false or misleading information to the PRS exemptions register | £1,000 |
| Failing to comply with a compliance notice | £2,000 |
| Renting out a non-compliant property (only one can apply) - less than three months non-compliance | £2,000 |
| Renting out a non-compliant property (only one can apply) - three or more months non-compliance | £4,000 |
Under certain circumstances a 40 per cent discount will be applied on payment within 14 days. Where more than one penalty is applied, the maximum combined penalty will not exceed £5,000.
Further information
The Society of Ancient Buildings website also has more information.
Contact us for an energy efficiency standards exemption form.
Return the form with a copy of the current energy performance certificate and the required fee to the address shown on the form.
For further details, contact us.