The Department for Business, Energy & Industrial Strategy (BEIS) have issued the guidance below regarding the minimum evidence required to support each type of exemption.
Information required for all exemptions:
- The address of the relevant rental property;
- which exemption to the Regulations the landlord is registering (see additional information below);
- a copy of a valid Energy Performance Certificate for the property.
Additional information required for each specific exemption:
Registering an exemption under the regulation 25(1)(a) exception – where all relevant improvements have been made and the property remains below an E:
- Details of any energy efficiency improvement recommended for the property in a relevant recommendation report (if separate to the relevant EPC), including a report prepared by a surveyor, or a Green Deal Advice Report;
- Details, including date of installation, of all recommended energy efficiency improvements which have been made at the property in compliance with the Regulations.
Registering an exemption under the regulation 25(1)(b) exception – where the property is below an E and there are no relevant improvements which can be made:
- A copy of the relevant report to demonstrate this (if separate to the relevant EPC).
- A copy of the written opinion of a relevant expert stating that the property cannot be improved to an EPC E rating because a recommended wall insulation measure would have a negative impact on the property (or the building of which it is a part).
- A copy of any correspondence and/or relevant documentation demonstrating that consent for a relevant energy efficiency measure was required and sought, and that this consent was refused, or was granted subject to a condition that the landlord was not reasonably able to comply with.
Refusal of Tenant’s Consent: Where the party who withheld consent was a tenant, the exemption will only remain valid until that tenant’s tenancy ends. When that tenant leaves the property (or after five years, whichever is soonest) the landlord will need to try again to improve the EPC rating of the property, or register another exemption, if applicable. If a tenant leaves the property, the landlord is expected to complete any works necessary prior to reletting the property. As such, in these circumstances, a tenants refusal to consent cannot be used as an exemption for the new tenancy.
Refusal of Listed Building Consent: This is the correct exemption to register if Listed Building Consent is refused for making the relevant improvement. It must not be assumed that a Listed Building is exempt without first applying for consent.
- A copy of the report prepared by an independent RICS surveyor that provides evidence that the installation of relevant measures would devalue the property by more than 5%.
- The date on which they became the landlord for the property, and
- the circumstances under which they became the landlord.
Please Note: Where a person wishes to register an exemption upon recently becoming a landlord, the exemption will last for a period of six months.