Although Home Information Packs (HIP) were suspended in May 2010 and are expected to be completely withdrawn once legislation has been approved, Energy Performance Certificates (EPC), which were part of the pack, will still be required before residential conveyancing can be commenced to finalise the sale.

Wherever you live, or wish to, in the UK, whether in a modern flat in a city such as in London or Brighton or a country mansion in Sussex, this certificate, which details the environmental impact and energy usage of the building, is essential before a home sale can be considered.

The EPC was introduced through implementation of a European Union Directive over which the UK government has no influence. It has been in effect since August 1st 2007 and includes all domestic property for sale, including new-build, and rented homes. Commercial buildings and those with a mixed use, such as flats above a shop, must also have a certificate.

An energy survey can be carried out only by an authorised and accredited energy assessor or home inspector. They may work as a sole trader or be employed by a company and can only use government-approved software to calculate the energy efficiency of a building.

The inspector will look at a specific variety of aspects of the property such as insulation, the heating and hot water supply and double glazing on windows. Once the data has been obtained and run through a computer, it will produce a report and give an energy efficiency figure between A and G, with A being the best, in a similar manner to the ratings given on new electrical appliances.

Environmental impact assessment

The report will also recommend areas where improvements could be made and give figures for the environmental impact the home is likely to have. It will also estimate the amount of annual energy usage a building will generate.

The Energy Performance Certificate is required to state details of the property's address, type, total floor area and date of inspection.

It is the responsibility of the seller of the home or landlord to commission the EPC, show it to prospective buyers or tenants and then give it to the eventual new resident. A penalty of £200 can be imposed by the local authority building control or trading standards officers if the certificate has not been provided.

Each EPC is valid for ten years and can be reused as many times as necessary when the property changes hands. If it is nearing the end of its legal life, it will remain valid while the home is continuously marketed.

A Domestic Energy Assessor must be instructed by the property's owner, or estate agent, before the building is marketed and must either be paid for, or a commitment made in writing, prior to any viewings. It is the property's owner who is liable.

EPC includes private sales

The EPC should be available within a maximum of 28 days from the start of marketing and applies even to private sales between individuals or family members which do not involve estate agents.

Asset rating graphs must be shown on all printed and electronic forms of advertising of the property.

A certificate does not have to be offered if the seller believes a prospective buyer may not be serious about the purchase or if he does not wish to sell to that person.

The conclusions of the Domestic Energy Assessor will be made on the basis of what he or she can see at the property, backed up by information from the owner, but the computer software cannot be over-ridden to make allowances for certain types of house, such as a very old or unusual building.

To maximise the energy efficiency rating before the inspector's visit, measures to take may include installing low energy light bulbs, insulating hot water tanks and pipes, increasing or installing loft insulation and blocking up old fireplaces.

EPCs and Healys residential conveyancing solicitors of London and Brighton

It is the home owner's responsibility to commission and provide an Energy Performance Certificate before taking the first step in selling a property but it should not make any difference to the subsequent legal requirements of the contract which can be handled by an experienced residential conveyancing solicitor such as Healys, of London and Brighton.

This will include compliance with all the necessary legislation and include local authority and other searches, enabling the sale to proceed smoothly and quickly as soon as a buyer has agreed to the purchase. This applies to both freehold and leasehold transactions.

To find out about the fees of our cost-effective professional residential conveyancing services, you can request a call-back via the website, email partner Kiri Kkoshi, telephone 020 7822 4148 or associate solicitor Paul Miller telephone 01273 669 115