Landlords will need to ensure their property is compliant or risk receiving a fine, which are as follows:
- Breach for less than 3 months: 10% of the rateable value (min. £5,000 / max. £50,000)
- Breach for more than 3 months: 20% of the rateable value (min. £10,000 / max. £150,000)
- Providing false or misleading exemption information: max. £5,000
- Failing to comply with a compliance notice: max. £5,000.
Whether we will see a deluge of fines for non-compliance in April is debateable (given that enforcement is by the Local Authority trading standards team), but occupiers are increasingly demanding better EPC levels as part of their acquisition requirements. If the fines do not encourage landlords to improve their buildings, occupier demand and impact on rental levels ultimately will. There is a very real risk that poor performing buildings will become unlettable and ultimately stranded assets.