EPCs for Solicitors and Conveyancers

By the time a matter reaches you the EPC should already be in place — the duty arises at marketing, not at exchange. Where it is missing, expired or was never valid for the property, it becomes a completion risk rather than an administrative one.

Below: what to check on a certificate already in the file, what to do when there is not one, and where the usual assumptions — listed buildings and mixed use — tend to be wrong.

Checking a certificate that is already on file

Three questions are worth asking of any EPC supplied by a seller or agent:

• Is it in date? Certificates are valid for ten years from assessment.
• Does it describe this property? Floor area, property type and the number of habitable rooms should be consistent with the title and the plans. A certificate for a flat above the shop applied to the whole building is a common error.
• Has anything changed? An extension, a loft conversion, a new heating system or a change of use may leave the rating outdated even though the certificate has not expired.

The seller’s obligation is to ensure a valid certificate reaches the buyer. If what has been supplied does not meet that description, it is better raised while there is still time to book an assessment.

When there is no certificate

The legal position is straightforward, and it is the timing that catches people out. The seller must commission an EPC before the property is marketed, obtain it within seven days, and where that genuinely is not possible, within a further 21 days. Marketing with no certificate commissioned at all is a breach from the first day, and the fixed penalty for a dwelling is £200.

In a conveyancing file the practical question is narrower: if the property has been on the market for months and no certificate can be produced, either it was never commissioned — in which case the seller and their agent have been exposed throughout — or it exists but has been lost. Both are resolved by a new assessment, and quickly.

Listed buildings and non-standard construction

The listed building exemption is the misunderstanding we see most often, including in files where it has been assumed rather than checked. The regulations disapply the requirement for protected buildings only in so far as complying with minimum energy performance requirements would unacceptably alter their character or appearance.

Most listed dwellings can be surveyed and assessed without any alteration at all, and therefore need a certificate. Where the property is genuinely exempt, the reasoning should be recorded rather than assumed.

Non-standard construction — timber frame, cob, thatch, system build — does not create an exemption either, but it does require an assessor who has seen it before. It affects the data collected rather than the requirement, and it is the most common cause of a re-visit and a delay.

Commercial and mixed-use property

Commercial property runs on a different method and a different penalty scale. A missing certificate attracts 12.5% of rateable value, with a minimum of £500 and a maximum of £5,000; letting below band E can reach £150,000. If the matter involves a commercial element it is worth establishing early which regime applies.

Commercial assessments are made at Level 3, 4 or 5 depending on the building and its services. The level is a property of the building, not a matter of choice, and it determines both the fee and the lead time.

Meeting an exchange or completion date

Where a date is fixed, the constraint is usually access rather than assessment. We hold same-day and 24-hour appointments across most of the UK, and the certificate is lodged on the register on completion rather than issued to you days afterwards.

If you are instructing on behalf of a client, we can deal with the occupant directly and report to you, so the appointment does not depend on the seller being available to arrange it.

Billing for firms

• Credit terms for regular instructions, so a busy month does not need a card each time.
• Invoice the client instead, where the certificate is being provided as part of your package.
• One point of contact and a named account handler, rather than a queue.
• Other certificates on the same visit — gas safety, EICR, floor plans and photography — where the transaction needs them.

We also work alongside EPC Exchange for firms looking to refer conveyancing rather than handle it in house.

Frequently asked questions

Is an EPC required to complete a sale?

Yes. The seller must ensure a valid EPC reaches the buyer, and the duty arises at marketing rather than at completion. By the time a matter is in conveyancing the certificate should already exist, so its absence is worth raising early.

How do I check whether an existing EPC is still valid?

Certificates last ten years from the date of assessment and are recorded on the national register. If the certificate predates alterations, an extension or a change of use, the rating may no longer reflect the property even if the certificate has not technically expired.

What if the EPC has expired before exchange?

A new assessment is needed. We can usually attend at short notice where a date is fixed, and the certificate is issued to the register on completion rather than days later.

Does a listed building need an EPC?

Not always, but far more often than is assumed. The exemption applies only so far as complying with minimum energy performance requirements would unacceptably alter the building character or appearance. Where the property can be assessed without that harm, a certificate is required.

Does a mixed-use property need a domestic or commercial EPC?

It depends on the classification of the building. Where the non-domestic element is substantive, a commercial assessment at Level 3 or 4 is normally appropriate. We will confirm the level before quoting rather than after attending.

Who is liable if the EPC is missing when the property was marketed?

The seller as the relevant person, and any agent acting on their behalf who marketed without being satisfied a certificate had been commissioned. The fixed penalty is £200 for a dwelling.

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Sources: Energy Performance of Buildings (England and Wales) Regulations 2012, regs 5, 6, 7 and 38; Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, reg 41. This page reflects the position in October 2026 and is general information rather than legal advice.