Energy Performance Certificates or EPC's for residential property have been with us since their full introduction in December 2007. The rest of the legislation regarding the Energy Performance of Buildings Directive will be implemented during 2008 and will effect all buildings both residential and commercial by October.

New dwellings first marketed after 6 April 2008, will require a Predictive Energy Assessment (PEA) and this must be provided to any potential purchaser. The PEA must be replaced with an EPC once the property is finished and Building Control are unable to release the completion certificate until this is done.

Building Regulations require that a proposed new building's CO2 emmission rate is below a set target. The target is based on a percentage betterment over previous standards plus factors accounting for fuel types used. Both the target rate and the actual rate must be calculated using the approved method and the EPC can only be produced by an Accredited Energy Assessor.

The legislation for EPBD was laid in Parliament in March 2007, and will come into force in a phased manner as outlined below.

6 Apr 2008 - EPCs required on construction for all dwellings & sale or rent of buildings, other than dwellings, over 10,000 m2.

1 Jul  2008 - EPCs required for the construction, sale or rent of buildings, other than dwellings, with a floor area over 2,500 m2.

1 Oct 2008 - EPCs required on the sale or rent of all remaining buildings, Display certificates required for public buildings >1,000 m2.

The Government announced on 13 March 2008 transitional arrangements for buildings already on the market at 6 April. Any building which is on the market before then and remains on the market afterwards will need an EPC by 1 October at the latest. If it is sold or rented out in the meantime, an EPC must be commissioned and then handed over as soon as reasonably practicable.

This is intended to make it easier for owners and landlords of large buildings to comply with the legislation. Similar provisions will apply for the introduction of EPCs on buildings over 2,500 m2 in July, expiring also on 1 October 2008. This responds to industry's expectations and is intended to ensure a smooth introduction on 6 April.