The law behind commercial EPCs: the EPBD, the 2012 Regulations and MEES
Updated 23 October 2026 · SEO Dons Editorial
Two sets of UK regulations put the duties on a business in England and Wales. The 2012 Regulations create the certificate and the duty to provide it. Part 3 of the 2015 Regulations then uses the certificate’s rating as a test for letting. The EU Directive is where the certificate scheme came from. For the practical side, see MEES compliance for commercial property.
Which laws cover commercial EPCs, and what does each require?
| Instrument | What it requires | Who it applies to | Penalty |
|---|---|---|---|
| Directive 2010/31/EU on the energy performance of buildings (recast) | A certification system; certificates when buildings are constructed, sold or rented out to a new tenant; display in larger buildings visited by the public | Addressed to EU Member States, not to businesses | None of its own: Member States lay down the rules on penalties |
| Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118) | A valid EPC on construction, sale and letting; an EPC commissioned before marketing; the rating stated in adverts; display in larger buildings visited by the public; DECs for public authority buildings | Sellers, prospective landlords and whoever carries out building work (the “relevant person”); occupiers for display duties | Penalty charge notices. For a non-dwelling, not making an EPC available is 12.5% of rateable value, within £500 to £5,000 (regulation 38) |
| Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (SI 2015/962), Part 3 | A landlord of a property whose valid EPC is below band E must not let it unless an exemption applies: new lettings, renewals and extensions from 1 April 2018, and continuing lettings from 1 April 2023 | Landlords of non-domestic property that needs an EPC, other than most fixed lettings of six months or less and leases of 99 years or more | A financial penalty of up to the greater of a fixed sum or a percentage of rateable value, capped at £50,000 for a breach under three months and £150,000 from three months, plus a publication penalty (regulation 41) |
Penalty figures are as stated on legislation.gov.uk for regulation 38 of SI 2012/3118 and regulation 41 of SI 2015/962. Part 3 of the 2015 Regulations also covers domestic property, and the 2012 Regulations include a Part on air-conditioning inspections. This guide covers neither.
Where did commercial EPCs come from, and does the EU Directive still matter?
UK EPC rules began as the UK’s way of applying an EU directive. The explanatory note to the 2012 Regulations says they consolidate the 2007 Regulations, which enacted Directive 2002/91/EC, and add new requirements from the recast Directive, 2010/31/EU. It links regulation 10 (display) to article 13(2), regulation 11 (adverts) to article 12(4) and regulation 5 (exceptions) to article 4(2).
The Directive’s page on legislation.gov.uk states its status in two sentences: “EU Directives are published on this site to aid cross referencing from UK legislation. Since IP completion day (31 December 2020 11.00 p.m.) no amendments have been applied to this version.” The Directive is addressed to the Member States (article 31) and leaves penalties to national law (article 27). It shows where wording and thresholds came from. The duties in this guide are those in the UK regulations.
Which regulation of the 2012 Regulations deals with what?
These are the provisions a business is most likely to be asked about. The regulations came into force on 9 January 2013.
| Regulation | What it deals with |
|---|---|
| 5 and 8 | Buildings outside the EPC duties, including those to be demolished: see when is a commercial EPC not required? |
| 6 | On a sale or letting, the relevant person must make a valid EPC available to a prospective buyer or tenant at the earliest opportunity |
| 7 | Before marketing, an EPC must be commissioned; all reasonable efforts must be made to obtain it during the first 7 days of marketing, with a further 21 days allowed |
| 7A | On construction, the EPC goes to the owner, with notice to the local authority, no later than five days after the work is completed |
| 9 | What an EPC must show, starting with the asset rating, and when it is valid |
| 10 | Display of the EPC in a building over 500 m² that is frequently visited by the public |
| 11 | The rating must be stated in adverts in commercial media |
| 14 | DECs for buildings occupied by public authorities and frequently visited by the public |
| 34 to 38 | Enforcement by local weights and measures authorities, penalty charge notices and their amounts |
Which of these applies to your building depends on the trigger. Do I need a commercial EPC? works through the triggers.
How does Part 3 of the 2015 Regulations sit on top?
Part 3 is the minimum energy efficiency standard, and three provisions do most of the work for non-domestic property. Regulation 20 sets the scope: the property must need an EPC, and tenancies granted for a term certain of six months or less, unless they can be renewed or extended beyond six months or the tenant has already been in occupation for more than 12 months, and tenancies of 99 years or more are excluded. Regulation 22 makes a property “sub-standard” where its valid EPC is below the minimum level, which it fixes at band E. Regulation 27 bars a landlord of a sub-standard property from letting it unless an exemption applies, from 1 April 2018 for new tenancies, renewals and extensions and from 1 April 2023 for continuing ones.
MEES has no rating system of its own. It borrows the EPC’s, and the same validity test applies under both sets of regulations: entered on the register no more than 10 years ago, with no later EPC since. The MEES versus EPC guide covers how the two fit together.
Where does Part L of the Building Regulations fit?
Part L of Schedule 1 to the Building Regulations 2010 is the energy-efficiency requirement for building work. In England it is supported by Approved Document L, and GOV.UK says earlier versions continue to apply to buildings subject to previous regulatory standards, so the edition depends on the building. In Wales the Welsh Ministers approve minimum energy performance requirements for new buildings. Part L is separate from the EPC duty, which for a newly erected building sits in regulation 7A of the 2012 Regulations.
Do Scotland and Northern Ireland follow the same law?
No. The government’s EPC guide says buildings in Northern Ireland and Scotland are subject to separate regulatory requirements, and MEES is an England and Wales scheme.
- Scotland. EPCs are governed by the Energy Performance of Buildings (Scotland) Regulations 2008. The 2025 Regulations are due to replace them: regulation 1 gives 31 October 2026, and a draft amendment, listed on legislation.gov.uk on 22 October 2026 as not yet made, would substitute 30 April 2028. Section 63 of the Climate Change (Scotland) Act 2009 separately requires regulations for assessing non-domestic buildings and requiring owners to improve them. See commercial EPCs in Scotland.
- Northern Ireland. The Department of Finance is responsible, under the Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008, which it has amended to implement the recast Directive.
What is changing, and what is only proposed?
Neither of the two documents to watch has changed the law yet. The interim response of 18 June 2026 says that from 2031 it is proposed that private rented buildings over 1,000 square metres will need EPC B, where cost effective, and that this needs secondary legislation. The partial response on EPC reform says the government intends to bring forward regulations and, for non-domestic EPCs, to keep the single carbon-based Environmental Impact Rating as the headline metric. On 22 October 2026 legislation.gov.uk recorded no known outstanding effects on the 2012 Regulations. The guide to commercial EPC changes separates confirmed from proposed.
Sources
- Energy Performance of Buildings (England and Wales) Regulations 2012 (SI 2012/3118): the explanatory note, the contents page and regulations 1, 2, 6, 7, 7A, 9, 10, 14, 34, 36 and 38, legislation.gov.uk (The National Archives), checked 22 October 2026.
- Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (SI 2015/962): regulations 20, 22, 27, 39 and 41, legislation.gov.uk (The National Archives), checked 22 October 2026.
- Building Regulations 2010 (SI 2010/2214): regulations 25, legislation.gov.uk (The National Archives), checked 22 October 2026.
- Directive 2010/31/EU on the energy performance of buildings (recast): the contents page and articles 11, 12, 13, 27 and 31, legislation.gov.uk (The National Archives), checked 22 October 2026.
- Approved Document L: Energy and greenhouse gas emissions (2026), Ministry of Housing, Communities and Local Government (GOV.UK) (8 September 2026), checked 22 October 2026.
- A guide to Energy Performance Certificates for the construction, sale and let of non-dwellings, Ministry of Housing, Communities and Local Government (GOV.UK) (11 December 2017), checked 22 October 2026.
- Non-domestic private rented property: minimum energy efficiency standard, landlord guidance, Department for Energy Security and Net Zero (GOV.UK) (5 May 2026), checked 22 October 2026.
- Minimum Energy Efficiency Standards (MEES) in the non-domestic Private Rented Sector: interim response, Department for Energy Security and Net Zero (GOV.UK) (18 June 2026), checked 22 October 2026.
- Reforms to the Energy Performance of Buildings regime: partial government response, Ministry of Housing, Communities and Local Government and Department for Energy Security and Net Zero (GOV.UK) (9 March 2026), checked 22 October 2026.
- Scottish legislation: Energy Performance of Buildings (Scotland) Regulations 2008, regulation 1; Energy Performance of Buildings (Scotland) Regulations 2025, regulation 1; draft Energy Performance of Buildings (Scotland) Amendment Regulations 2026; Climate Change (Scotland) Act 2009, section 63, legislation.gov.uk (The National Archives), checked 22 October 2026.
- Northern Ireland Department of Finance: Energy performance of buildings in Northern Ireland; Energy Performance of Buildings Legislation, Department of Finance (Northern Ireland), checked 22 October 2026.
Common questions
Which regulation sets the penalty for not having an EPC?
Regulation 38 of the 2012 Regulations. For a non-dwelling the charge is 12.5% of rateable value, subject to a minimum of £500 and a maximum of £5,000. Penalty charge notices are given by authorised officers of the enforcement authority.
Does MEES apply to a building I occupy but do not let?
No. Regulation 27 of the 2015 Regulations is a letting rule: it bars the landlord of a sub-standard property from letting it unless an exemption applies. An EPC is still needed if you sell or let the building later.
Where is “asset rating” defined?
In regulation 2 of the 2012 Regulations, as an energy performance indicator determined from the amount of energy estimated to meet the different needs associated with a standardised use of a building. Regulation 9 requires every EPC to show it.