Where a Commercial Building Does Not Have a Heating System, Does It Now Require an Energy Performance Certificate When the Tenancy is Renewed?

By way of reminder, an EPC is generally required:

• when an existing building is sold or rented out;
• when a building under construction is finished;
• after refurbishment when there are greater or fewer separate parts of the building and the modification includes the provision or extension of fixed heating, air conditioning or mechanical ventilation systems.

The seller or the prospective landlord must make an EPC available to ‘a prospective buyer or tenant’ free of charge at the earliest opportunity. This can be provided electronically, where the prospective buyer or tenant consents to this.

A person becomes a prospective buyer or tenant in relation to a building when they:

• request any information about the building for the purpose of deciding whether to buy or rent the building;
• make a request to view the building for the purpose of deciding whether to buy or rent the building;
• make an offer, whether oral or written, to buy or rent the building.

In answer to the above question, a commercial building without a heating system does not require an Energy Performance Certificate (EPC) when the tenancy is renewed. According to the Energy Performance of Buildings (England and Wales) Regulations 2012, SI 2012/3118  an EPC is required for buildings that use energy to condition the indoor climate, which includes heating, mechanical ventilation, and air-conditioning systems. Since the building in question lacks a heating system, it does not meet the criteria for requiring an EPC.