New Energy Performance regulations to impact on Estate Agents

3 September 2012

All estate agents and solicitors who provide estate agency services need to be aware of a change in regulations that will require all adverts and schedules for property that is for sale or let to carry the energy performance rating within it. The new rules will come into force on the 9th of January 2013.

According to members body Glasgow Solicitors Property Centre, the Scottish Government have confirmed that the requirement will be deemed to be met by including the rating within the advert or schedule. The rating scale works alphabetically from A to G, with A being the most energy efficient and G the least. The change in rules will affect not only new instructions, but all properties that are being marketed.

Estate agents may be well advised to add and update this information in their sales literature as a matter of course. With properties often sitting on the market for some months, those not updated after the deadline will be caught by the new rules. There will be penalties for those who have not complied and while the legislation states the owner will be liable, there will be a defence to this if it shown that the owner did provide and instruct any marketing literature to include the correct information. Currently, the owner of the property must bear the cost of having a home report containing an Energy performance assessment within it. This would in due course be provided to the selling agent. However, it is unclear from the legislation whether a selling agent will ultimately be liable for any penalty where an owner has clearly instructed them. It appears that the onus is on the owner to ensure this is done. However, many will expect a competent agent to be aware of this requirement and take the necessary steps to meet it. 

Inksters have already amended our Estate Agency procedures and the latest property to be marketed by us at Uplands, Virkie, Shetland has the energy performance rating clearly stated within the sales schedule.

If you need advice on marketing your home for sale to ensure you do not breach these latest regulations then contact Brian Inkster on 0141 229 0880 or send Brian an email

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