Energy Act 2011
Due Diligence Pre-acquisition Surveys incorporate numerous statutory issues which any commercial purchaser should be aware of however, the proposals enshrined within the 2011 Energy Act continue to be of most concern. The 2011 Act encompasses many aspects of energy efficiency relating to both residential and commercial property. Those relating to commercial buildings and highlighted in the Forde George Commercial Building Surveys, potentially impose significant responsibilities on both Landlords and Tenants requiring a potentially significant proportion of non-domestic properties to be uprated to EPC levels F and G.
Improvement of the energy efficiency of certain buildings could potentially be fairly easily made compliant, subject of course to the nature of the construction which would also be a subject matter for review within a Due Diligence Report subject to a specialist EPC assessment. Whilst the requirement would currently only apply to properties being marketed or to new leases, in 2023 this is to be extended to all eligible buildings.
There are of course opportunities to obtain exemptions to the requirements in respect of impracticability, viability and when dealing with, for example, Listed Buildings
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