The Minimum Energy Efficiency Standards (MEES) were established by the The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015. They apply to all qualifying privately rented properties. There are different regulations for both domestic and non-domestic properties but, in essence, a building must currently have an EPC rating of Band E or above to be rented out unless a necessary exemption has been placed on the PRS Exemptions Register.
The UK Government has now published its White Paper CP337 - Powering our Net Zero Future setting out its energy strategy for the future. This strategy includes commitments to increase the Minimum Energy Efficiency Standard for non-domestic buildings in England to EPC Band B by 2030 and plans to increase the MEES for domestic properties to EPC Band C. Together with the better enforcement planned, this will make it increasingly difficult to rent lower performing properties without investing in improving their energy performance.
Frequently Asked Questions (FAQs)
Non-Domestic Minimum Energy Efficiency Standard (MEES)
Buildings and tenancies exempt from the regulations
Exemptions from making improvements
Other important considerations
What penalties exist for failing to meet the Non-Domestic Minimum Energy Efficiency Standard (MEES)?
The Energy Efficiency (Private Rental Property) (England and Wales) Regulations 2015 set out the penalties for non-compliance with the Minimum Energy Efficiency Standard (MEES). For non-domestic properties (shops, offices, industrial & agricultural buildings and other non-dwellings) they are:
- Letting a sub-standard property for less than three months when the penalty notice is served: a fine not exceeding the greater of £5,000 or 10% of the rateable value up to a maximum of £50,000 and publication of the penalty.
- Letting a sub-standard property for three months or more when the penalty notice is served: a fine not exceeding the greater of £10,000 or 20% of the rateable value up to a maximum of £150,000 and publication of the penalty.
- Registering false or misleading information in relation to an exemption: a fine not exceeding £5,000 and publication of the penalty.
- Failure to comply with a compliance notice: a fine not exceeding £5,000 and publication of the penalty.