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Energy Performance Certificates

18th November 2014

An interesting warning from East Lothian Council regarding the display of property energy ratings.

East Lothian Council would like to remind you that it is a requirement for Landlords to obtain an Energy Performance Certificate for each property that they wish to let in Scotland, before they seek to let the property concerned.

Landlords and Agents must also ensure that the Energy Performance Rating of the Property (EPC – X) is included in any advert for a property for let or sale. This includes, but is not limited to adverts in electronic and printed media, on notice boards, shop windows, property portals, websites, etc. (Similarly Landlords must ensure that their relevant Landlord Registration Number is also included in all advertisements of properties for let in Scotland).

East Lothian Council is under a duty to issue the owner/landlord of any property that is advertised for let or sale, without the EPC rating included in the advert with a Fixed Penalty Notice. Similarly where it is found that an owner/landlord has not obtained a valid EPC before seeking to let a property, then East Lothian Council must issue the owner with a Fixed Penalty Notice.

Even where it is an Agent who advertises a property for let without mentioning the EPC Rating, it is the owner or Landlord of the property who will receive the Fixed Penalty Notice. It is a Landlord’s responsibility to ensure that any advert that includes their property of is legally compliant.

In order to ensure that you or your clients are not served with Fixed Penalty Notices, please ensure that Energy Performance Certificates are obtained for each property, prior to them being advertised for let and that the EPC Rating is included in all adverts.

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