EPC Services for Estate Agents
An agent cannot market a property until an EPC has been commissioned — and that duty sits on you, not only on your vendor. Breaching it is a £200 penalty charge per dwelling, issued to the agent as readily as to the seller.
This page sets out the duties that fall on an agent, what counts as a valid instruction, what the penalties actually are, and how to keep the whole thing off your desk.
Your duty as an agent, not just your vendor’s
The Energy Performance of Buildings (England and Wales) Regulations 2012 put separate duties on the seller or landlord — the “relevant person” — and on anyone acting on their behalf. Four of them apply directly to you:
| Duty | What it means in practice |
|---|---|
| Regulation 7(3) | Before marketing, you must be satisfied that an EPC has been commissioned. Not ordered verbally — properly commissioned. This is the one that catches agents out. |
| Regulation 7(4) | You and the seller must use all reasonable efforts to obtain the certificate within seven days of the property first going on the market. |
| Regulation 7(5) | If seven days genuinely is not enough, a further 21 days is allowed — but you have to be able to show you made reasonable efforts. |
| Regulations 6(2) and 6(5) | A valid certificate must be given free of charge at the earliest opportunity, and in any event no later than when written information is first provided or the property is viewed. The eventual buyer must receive one too. |
In other words: the seven-day clock is not permission to market without a certificate. It is the time you have to produce one after you have commissioned it.
What counts as “commissioned”
The regulations define it precisely, and it is narrower than most people assume. A certificate is commissioned when a request has been made that is:
- properly addressed to an assessor accredited to produce EPCs for that category of building;
- in the form, and containing the information, usually required to obtain a certificate; and
- accompanied by payment, or a clear undertaking to pay.
A diary note that someone will “sort the EPC” is not a commission. Neither is an email to an assessor with no payment or undertaking attached.
You may have to prove it
An authorised enforcement officer can require you to produce the commission request for any property you have marketed, and you have seven days to comply. If you cannot, that is a further £200 charge on its own.
This is why we issue a confirmation advice note the moment an order is placed. Forward it to your vendor, keep it on file, and the question is answered before it is asked.
What it costs if you get it wrong
Enforcement rests with the local authority trading standards service. Where an officer believes a duty has been breached they can issue a penalty charge notice:
| Property | Penalty |
|---|---|
| Dwelling | £200 per breach |
| Non-dwelling | 12.5% of rateable value, minimum £500, maximum £5,000 |
A notice cannot be issued more than six months after the breach. You then have at least 28 days to pay or ask for a review, and there is a right of appeal to the First-tier Tribunal.
There is a due diligence defence: a notice must be withdrawn if you can show you took all reasonable steps and exercised all due diligence to avoid the breach. A documented instruction, placed before the property was listed, is that evidence.
Why speed is the commercial argument
Everything above is about avoiding a fine. The business case is simpler: the instruction is the bottleneck on the listing. A vendor who instructs on Thursday and has a certificate by Friday can be marketed at the weekend. One who waits a fortnight has lost two weeks of the most motivated viewing period a property ever gets.
That is the reason to book the EPC rather than leave it to the vendor. You control the date, you control the marketing start, and you are the agent who arranged it.
How we work with agents
- Online ordering and live status. Place an order in under a minute and track every job as it progresses, without phoning for an update.
- An instant confirmation advice note by email and SMS, so you can evidence commissioning from the first minute.
- Same-day and 24-hour turnaround across most of the UK, with the certificate emailed on completion.
- Commission payable on EPCs we carry out, and we can collect payment directly from your client if you prefer.
- Up to 60-day account facilities, so a busy month does not land on the card in one go.
- One visit, several certificates. Gas safety, EICR, floor plans and photography can usually be booked alongside the EPC.
Frequently asked questions
Can I market a property before the EPC is done?
Yes, provided an EPC has been commissioned first. Regulation 7(3) requires you, as the person acting on behalf of the seller or landlord, to be satisfied that a certificate has been commissioned before the property is marketed. You then have seven days to obtain it, extended to a further 21 days if you can show all reasonable efforts.
Who gets fined if there is no EPC, the agent or the seller?
Either or both. The duties fall on the seller or landlord as the relevant person and on anyone acting on their behalf. A penalty charge notice can be issued to the agent for breaching regulation 7(3) or 7(4) independently of the seller.
How much is the penalty for an agent?
£200 per dwelling where an EPC duty has been breached, including marketing without a certificate commissioned. For a building that is not a dwelling the charge is 12.5% of the rateable value, with a minimum of £500 and a maximum of £5,000.
What counts as having commissioned an EPC?
A request properly addressed to an assessor accredited for that category of building, in the usual form, containing the usual information and accompanied by payment or an undertaking to pay. An email to an assessor with no payment or undertaking does not count.
Can I prove to an enforcement officer that an EPC was commissioned?
You may have to. An authorised officer can require you to produce the commission request, and you have seven days to comply. Keep the order confirmation for every instruction.
How quickly can EPC Choice attend?
Same-day and 24-hour turnaround are available across most of the UK, with the certificate emailed on completion. Booking through the agency account gives live order status and an instant confirmation advice note you can forward to your client.
Talk to us about an agency account
Order an EPC Ask about agency terms
Or call 0208 522 0001 and ask for Chris Grant, National Operations Director.
Sources: Energy Performance of Buildings (England and Wales) Regulations 2012, regs 6, 7, 35, 36 and 38 (legislation.gov.uk). This page reflects the position in October 2026.