MEES update: EPCs for listed buildings and conservation properties

The simple and not-so-helpful answer here is: maybe. There has been much criticism of the official MEES guidance for leaving landlords in an ambiguous situation where it is difficult to interpret the rules.

According to the official guidance, an EPC is not required for a listed building or property in a conservation area if energy improvement requirements would ‘unacceptably alter’ the property’s character or appearance. In this case, the property would also then be and landlords would still be able to let it even with an EPC rating below E.

The problem here is how can a landlord determine whether EPC requirements would ‘unacceptably alter the character or appearance’ of the property without an EPC in the first place?

The widely advised solution to this problem is to obtain a draft EPC to see what works are recommended and whether they would deem the property exempt from needing an EPC and, therefore, from MEES too.

The next obstacle is that some recommendations could be unobtrusive, while others could be seen as unacceptable. In this instance, the landlord has to decide what could or could not be done and the subsequent effect any works would have on the property’s EPC rating.

The key to remember here is that exemptions to EPC rules when it comes to listed buildings and properties in conservation areas are carried out on a case-by-case basis. If a landlord has doubts over what can be deemed ‘unacceptable’, the official guidance encourages them to seek the advice of their local planning authority’s conservation officer.

So, the suggested plan of action if you’re letting a listed building or property in a conservation area is as follows:

• Commission a draft EPC.
• Determine whether the suggested works entitle you to register for an exemption (with the help of the local authority if required).
• Depending on which route you go down, take the required action of registering for an exemption or carrying out the recommended works to secure an EPC rated E- or above.

As you can see from the above, the guidance is certainly not clear-cut and remains open to interpretation.

The penalties for not complying with MEES are substantial, and not issuing an EPC at the start of a tenancy (if one is required) could cause problems if you later try to issue a Section 21 eviction notice. With this in mind, if you’re unsure whether your property is eligible to be exempt from requiring an EPC or from MEES, it could be worth your while to seek independent legal advice to ensure you’re covered and take the right course of action.