http://www.telegraph.co.uk/finance/pers ... lords.html
At the moment this seems to apply to buy to let properties. Anyone know if this will extend to holiday lets? I ask as EPC's are needed for both types of lets
Energy efficiency improvements by 2018 in buy to lets
Re: Energy efficiency improvements by 2018 in buy to lets
I believe the proposed requirement for EPCs for FHLs was dropped.MaggieP wrote: I ask as EPC's are needed for both types of lets
definitely not required for holiday lets, however, if your with VisitEngland they still require it (along with PAT testing).
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"As for my amnesia, I've had it as long as I can remember"
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Interesting - didn't have any mention of EPC at our last VE visit in November. Had the proposed legislation not been overturned, I could see that they'd want to see an appropriate certificate, but it was recognised as nonsense for an FHL and didn't become statute.Essar wrote:definitely not required for holiday lets, however, if your with VisitEngland they still require it (along with PAT testing).
All the documentation on the web indicates that this was required form Mid 2011(ion England and Wales) but nothing to say how it is being enforced and what penalties for infringement are. Could someone identify a link to say where the legislation has been dropped. I currently have them only because properties are marked to sell, but I would like some clarification.
Came across this
http://www.swtourismalliance.org.uk/sus ... mes-update
and it does state that holiday lets do not require EPC's with a couple of conditions, so it answered the question.
http://www.swtourismalliance.org.uk/sus ... mes-update
and it does state that holiday lets do not require EPC's with a couple of conditions, so it answered the question.
MaggieP wrote:The key phrase to me is "exempt if the home is let for 4 months or less in the year"
IIRC it's the second part of the exception that's relevant - the "licence to occupy". I don't have the details to hand, but IIRC it means something along the lines of retaining the right to enter the premises, which is a standard part of an FHL agreement.holiday accommodation that’s rented out for less than 4 months a year or is let under a licence to occupy
A lot hinged around the definition of a "tenant".
I've found some of the info I had in mind; for those wanting to see the whole thing, it's in the EASCO newsletter of Jan 2012.
Here's a couple of extracts:
Here's a couple of extracts:
Essentially, the “Frequently Asked Questions” document says that a property let for holiday purposes
requires an Energy Performance Certificate except when:
• It is let for less than four months
in a year
• It is let under a license to occupy
– regardless of the amount of time it is occupied.
The first of these situations, where a property is let for less than four months in a year, is not the law as it currently stands and the document states that new regulations will be made in April to bring this in. EASCO will be seeking consultation on this change, in order to ensure that the “law of unintended consequences” is not invoked.
The second is the really important exemption and is not a change in the law but a recognition of the fact that the EPC regulations were only ever intended to apply to tenancies. Whether there is a tenancy depends on the facts of the case but these are important points that owners need to bear in mind in ensuring that a tenancy does not arise:
• Right of access. The owner
retains a right of entry at any reasonable time for legitimate purposes e.g. inspection, repairs etc.
• Control of occupation. The owner stipulates in the contract how many persons may temporarily stay at the property and makes rules about the entertainment of any additional guests, possibly with an additional fee being charged.
The government’s new guidance puts to rest the doubt about whether a holiday cottage needs an EPC. Unless there is a tenancy – which would be unusual – it doesn’t. There has been no change in the law on this, an EPC has never been required, ever. Owners and agents, however, need to check their terms and conditions.
