Property Sales in Folkestone & Hythe District Violate EPC Regulations.
Updated: 5 March @ 19:48
In the UK, it is a legal requirement to have an Energy Performance Certificate (EPC) when selling a property, including private sales. The EPC must be provided to potential buyers before the property is marketed. EPCs are based on the Standard Assessment Procedure (SAP) methodology, which evaluates a property’s energy performance in terms of energy use per unit floor area (kWh/m²), an energy efficiency rating based on fuel costs (EPC rating, in £/kWh/m²), and CO2 emissions (Environmental Impact (EI) rating, in CO2/m²). Both the EPC and EI ratings are reported on a scale from A (highest) to G (lowest).
Despite these legal requirements, there have been instances where properties were sold within the Folkestone & Hythe District, without valid EPCs, raising questions about enforcement. For example, Folkestone & Hythe District Council purchased Ross House (pictured in 2018) from Mullberry Tree Holdings Limited for £1,750,000 on 29 March 2018.
At the time of purchase, no EPC was available for the building. An EPC was only conducted on 15 May 2018, seven weeks after the sale. According to the publicly available EPC Register, no EPC existed prior to this date.
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 states at section 5
The relevant person must ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the buyer or tenant.
It is clear from the evidence this could not have happened as the building did not have an EPC at the time of purchase by the Council.
Since 2018, Ross House has undergone a retrofit to make the property the first net zero property owned by the Council.
This is not an isolated case. The Britannia Suite in The Grand (Folkestone, pictured) was sold on 14 June 2019 for £380,000, despite its EPC having expired on 4 February 2019, according to the EPC Register. At the time of expiration, the property had an EPC rating of C. Since it is a legal requirement to provide a valid EPC to potential buyers before marketing a property, it is evident that this requirement was not met in this instance. As an aside, the property was owned & sold by the former UKIP Leader Henry Bolton.
In February 2019, the same month the Britannia Suite’s EPC expired, the Committee for Climate Change published a report titled UK-housing-Fit-for-the-future, which recommended “stiffer penalties for non-compliance” with EPC regulations. Trading Standards departments are responsible for enforcing EPC regulations, but the evidence suggests that enforcement in Kent has been lacking.
Another example is Westenhanger Castle, purchased by Folkestone & Hythe District Council for £2.9 million on 16 August 2019.
The property’s EPC expired on the 26 September 2022, with its last rating being G – the worst possible rating. The property emits 26.0 tonnes of CO2 annually. Notably, properties with EPC ratings of F or G cannot legally be leased or rented out. However, Westenhanger Castle is currently rented out to a wedding events company. While it is possible that the property is listed on the Exemptions Register, this has not been confirmed. A member of the public has submitted a request to verify whether the property is exempt, but no response has been disclosed yet.
It’s not only the private property sector where properties are being sold without an Energy Performance Certificate (EPC) within the Folkestone & Hythe District. Data from the register reveals that rental properties with EPC ratings of F and G are also being rented to tenants. While this practice is clearly unacceptable, the data unfortunately confirms that it is happening.
These cases highlight a concerning pattern: properties have either been sold or rented in violation of EPC regulations, and enforcement by Trading Standards appears to be insufficient. This lack of oversight undermines the effectiveness of EPC regulations, which are designed to promote energy efficiency and reduce carbon emissions in the UK’s housing sector. Stricter enforcement and accountability are needed to ensure compliance and uphold the integrity of these environmental standards.
The Shepway Vox Team
Journalism for the People NOT the Powerful
Listed buildings don’t need an EPC to sell.
Thank you for your comment however, what you say is not strictly true, here’s why
Listed buildings, such as Westenhanger Castle, are not automatically required to obtain an Energy Performance Certificate (EPC) for sale, but the situation is nuanced. Under the Energy Performance of Buildings (Certificates and Inspections) (England & Wales) Regulations 2007, Part 2 explicitly excludes listed buildings from the EPC requirement. However, Westenhanger Castle would only be exempt if complying with minimum energy performance standards would result in unacceptable alterations to its character or appearance.
If energy efficiency improvements can be implemented without compromising the building’s historical or architectural integrity, an EPC would be required. Given this complexity, it would be prudent for the Council to consult with experts to assess whether an EPC is necessary for Westenhanger Castle. The fact that the building previously had an EPC suggests that the exemption under the Regulations may not apply, and a new EPC could be required. Seeking professional guidance would ensure compliance with regulations while preserving the building’s heritage.