MEES vs EPC: what's the difference?
Updated 19 October 2026 · SEO Dons Editorial
What is a commercial EPC?
An Energy Performance Certificate is a document. It rates how energy efficient a building is on a scale from A to G, with A the most efficient, and it comes with a recommendation report listing cost-effective improvements. An accredited energy assessor produces it, and it only counts once it has been lodged on the national register.
The EPC rules sit in the Energy Performance of Buildings (England and Wales) Regulations 2012. You need a certificate when you sell or rent out commercial premises, when a new building is finished, and when a building is altered into more or fewer separately occupied parts with new or extended fixed heating, air conditioning or mechanical ventilation. Simply owning or occupying a building does not, on its own, trigger the duty. The guide to whether you need a commercial EPC covers the triggers and exemptions in full.
What is MEES?
MEES is shorthand for the minimum energy efficiency standard in Part 3 of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (SI 2015/962). It is not a certificate, and nobody issues a "MEES". It is a rule about letting: a landlord of a sub-standard non-domestic property must not let it unless an exemption applies, or all the relevant improvements have already been made.
The minimum is band E. From 1 April 2018 the rule caught new lettings and lettings by extension or renewal. From 1 April 2023 it also caught continuing to let on an existing tenancy, even where nothing about the tenancy has changed. The MEES compliance guide sets out the scope, the six exemptions and how to register one.
How does MEES use the EPC?
MEES has no rating system of its own. It borrows the EPC's. Under regulation 22, a property is "sub-standard" where its valid EPC puts it below band E. The EPC is the evidence; MEES is the test applied to that evidence. Three practical points follow.
- Only the valid EPC counts. For MEES, an EPC is valid if it was entered on the register no more than 10 years before the date it is relied on, and no later EPC for the property has been lodged since. The newest certificate replaces the older one, whether its rating is better or worse.
- No EPC duty, no MEES. A property that was never required to have an EPC, and is not required to have one now, falls outside the definition in regulation 20. Government guidance says the rules apply to non-domestic rented properties that are legally required to have an EPC.
- A fresh EPC is how you show improvement. There is no automatic duty to get a new EPC after improvement works, but government guidance recommends one, because a post-installation EPC is likely to be the easiest way to show compliance.
How do the EPC rules and MEES compare?
| EPC rules | MEES | |
|---|---|---|
| Law | SI 2012/3118 | SI 2015/962, Part 3 |
| What it is | A certificate with an A to G rating and a recommendation report | A minimum rating a let property must meet |
| Who it applies to | Sellers, landlords, and whoever constructs or modifies the building | Landlords of privately rented non-domestic property |
| When it applies | Sale, letting, completion of a new building, qualifying modification | New lettings, extensions and renewals from 1 April 2018; continuing lettings from 1 April 2023 |
| What it requires | A valid EPC made available to prospective buyers or tenants | A valid EPC rated E or better, or a registered exemption |
| Outside it | Exempt buildings, such as places of worship, temporary buildings used for 2 years or less and detached buildings under 50 square metres | Property outside the EPC rules, and tenancies of 6 months or less or 99 years or more (with exceptions for short lets) |
Sources: legislation.gov.uk and GOV.UK, checked 19 October 2026.
What are the penalties for each?
They are separate duties with separate penalties, and a landlord can breach both. For a non-dwelling, failing to make a valid EPC available on a sale or letting carries a penalty charge generally set at 12.5% of the rateable value, with a minimum of £500 and a maximum of £5,000 (regulation 38 of SI 2012/3118, legislation.gov.uk, checked 19 October 2026).
Letting a sub-standard property in breach of MEES is dealt with under regulation 41 of SI 2015/962 (legislation.gov.uk, checked 19 October 2026). For a breach lasting less than three months, the financial penalty can be up to the greater of £5,000 or 10% of the rateable value, capped at £50,000. For three months or more, it can be up to the greater of £10,000 or 20% of the rateable value, capped at £150,000. Both come with a publication penalty. Local Weights and Measures Authorities enforce MEES, and a compliance notice can ask for the EPC that was valid when the property was let.
Does an E rating mean the building complies?
Under today's rules, a valid EPC at E or above means the property is not sub-standard, so the letting prohibition does not apply. The EPC duties still apply on every sale or new letting. An F or G means improving the building or registering a valid exemption; MEES exemptions explained covers who qualifies.
The bar may rise for larger buildings. The government's interim response, published 18 June 2026, proposes that from 2031 privately rented buildings over 1,000 square metres in England and Wales reach EPC B where cost effective, while smaller buildings stay at E. It also confirms the interim EPC C milestone proposed for 2027 will not go ahead. None of this is law yet: it needs secondary legislation. The EPC B 2031 guide follows the proposal.
If you let commercial space and are unsure where the building stands, start with its current EPC and the MEES rules. If you need a new certificate, you can request quotes from accredited assessors through the form on this page.
Sources
- Energy Performance Certificates for your business premises, GOV.UK, checked 19 October 2026
- Non-domestic private rented property: minimum energy efficiency standard, landlord guidance, Department for Energy Security and Net Zero, GOV.UK (last updated 5 May 2026), checked 19 October 2026
- The Non-Domestic Private Rented Property Minimum Standard: guidance for landlords and enforcement authorities (February 2017), GOV.UK, checked 19 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, checked 19 October 2026
- MEES in the non-domestic private rented sector: interim response (18 June 2026), GOV.UK, checked 19 October 2026
- Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, regulations 20, 22, 27, 37 and 41, legislation.gov.uk, checked 19 October 2026
- Energy Performance of Buildings (England and Wales) Regulations 2012, regulations 9 and 38, legislation.gov.uk, checked 19 October 2026
Common questions
Can a building have an EPC without MEES applying?
Yes. MEES only applies to privately rented non-domestic property, so a building that is owner-occupied or being sold with vacant possession needs an EPC for the sale but is not caught by MEES. Tenancies of six months or less, and of 99 years or more, are also outside MEES, with some exceptions for short lets.
Is the landlord or the tenant responsible for MEES?
The duty is on the landlord: the regulations say a landlord of a sub-standard property must not let it. A tenant who sublets becomes a landlord in turn, and government guidance says a subletting tenant needs an EPC to market the space.
Do I need a new EPC every time a lease is renewed?
Not if a valid EPC already exists. An EPC can be reused for 10 years from lodgement, provided no newer EPC for the property has been lodged since. MEES then looks at the rating on that valid EPC.
Does MEES apply in Scotland?
No. The MEES regulations apply to England and Wales only. Scotland has its own regime for larger non-domestic buildings, known as section 63, which works through Action Plans rather than a minimum EPC band.