Do You Need an EPC to Sell? Fines, Exemptions and What Happens Without One

The Legal Position

The requirement for an Energy Performance Certificate when selling a residential property in England and Wales is set out in the Energy Performance of Buildings (England and Wales) Regulations 2012 (as amended). The regulations implement the EU Energy Performance of Buildings Directive, which was retained in UK law post-Brexit.

The requirement is clear: **before a property can be marketed for sale, the seller must have commissioned an EPC and must make it available to prospective buyers free of charge.** The EPC must be given to the buyer on or before the contract for the sale of the property is entered into.

When the EPC Must Be Available

"Before marketing" means before the property is listed on a portal, advertised in an agent's window, or otherwise made available for inspection by potential buyers. It is not sufficient to obtain the EPC at the time of offer or later in the conveyancing process.

In practice, many sellers instruct an estate agent before the EPC is in hand. Estate agents are required under the regulations to include the EPC's asset rating in property listings. Agents should not list a property without a valid EPC — but enforcement varies.

EPC Validity: The 10-Year Rule

An EPC is valid for ten years from the date it was lodged. If a property was sold in 2018 and has a valid EPC from that time, the same EPC can be used for a subsequent sale or letting before 2028, unless work has been carried out to the property that would materially change its energy performance.

Check the validity of an existing EPC on Property Passport UK or the official EPC Register before marketing — using an expired EPC as if it were valid constitutes a breach of the regulations.

Exemptions from the EPC Requirement

A limited number of property types are exempt from the requirement to obtain an EPC:

• **Listed buildings:** Where compliance with minimum energy efficiency recommendations would unacceptably alter the character or appearance of the building, listed buildings may be exempt. This is a specific, narrow exemption — a listed building is not automatically exempt; the exemption applies where the improvement works would affect the character or appearance. In practice, listed building owners often do obtain EPCs.
• **Temporary buildings:** Those with a planned time of use of two years or less
• **Standalone buildings with a total useful floor area of less than 50m²**
• **Industrial sites, workshops, and non-residential farm buildings** — not relevant to residential sales
• **Buildings to be demolished** — where the seller can demonstrate planning permission for demolition and that the building will not be occupied in the interim

"Difficult to heat" or "listed" do not automatically grant exemption from needing an EPC. If in doubt, obtain one — the consequences of non-compliance are not worth the risk.

Penalties for Non-Compliance

The penalty for failing to make an EPC available when marketing a property is £200 per dwelling under the Energy Performance of Buildings Regulations 2012. Enforcement is carried out by Trading Standards. In practice, private residential sellers are rarely prosecuted, but agents face greater exposure because the obligation is clear and documented in their instructions.

The more significant practical consequence of not having an EPC is not the fine — it is the delay to a sale. Solicitors acting for buyers will ask for the EPC as part of standard due diligence, and its absence creates a gap in the information pack that must be resolved before exchange.

Finding and Sharing an Existing EPC

Before commissioning a new EPC, check whether a valid one already exists. The national EPC Register for England and Wales is publicly searchable by postcode or address. Property Passport UK also displays EPC data sourced from the official register, including the rating, lodgement date, recommended improvements, and certificate expiry.

If a valid EPC exists, no new assessment is needed. If the existing EPC has expired or the property has been substantially altered, a new assessment must be commissioned from an accredited Domestic Energy Assessor. Costs typically range from £60 to £150 for a straightforward residential property, with assessments usually completed within a few working days.