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Free guidance note on MEES and lease renewals


Andrew Cooper • Feb 15, 2023

The government's minimum energy efficiency standards (MEES) only applies if there is already a valid EPC in place


If there is an EPC, then you cannot let a building where the EPC is F or G rated. From 1st April 2023 you cannot continue to let the building where the EPC is F or G rated. In both cases exemptions apply.


MEES does not require you to prepare an EPC. Separate regulations (the EU EPBD) set out the grounds for when you must have an EPC. This dictates a building must have an EPC on construction, on sale, or rent to a new tenant.


If, during a lease, there has never been an EPC, or there was an EPC but it has now expired or is about to expire then you do not have to obtain a new EPC and therefore MEES will not apply.


However, if you do have an EPC and it is an F or G rating then from 1st April this year you must go through the MEES administrative process to show there is nothing economically viable that you can do to improve the rating and you must register an exemption.


No EPC = no MEES

It is worth noting that the government is aware of this loophole and is seeking to close it as part of its wider consultation on the future of the MEES system. This would require any rented building to always have an up-to-date EPC.


Additionally, in the latest independent policy review of all net-zero policies it was a recommendation that MEES should apply to all properties that were both let or owned.


Disclaimer

These are complex area of legislation and in all cases you should seek the advice of a solicitor.


To download a PDF of this guidance note click here.

References

Resero offers industry leading technical advice and services on MEES risk assessments and can plan and implement strategies to help your building achieve MEES targets. If you'd like to know more check out our services. Alternatively, drop us an email on info@resero.co.uk or call us 01743 341 903.

Download our MEES and lease renewals guide


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