Do Listed Buildings Require an EPC and Are Listed Buildings Exempt from MEES?
Listed buildings are a vital part of the UK’s heritage, but their unique status often complicates compliance with modern property regulations. Two key regimes are particularly relevant: Energy Performance Certificates (EPCs) and the Minimum Energy Efficiency Standards (MEES).
There is a common misconception that listed buildings are automatically exempt from the EPC and MEES requirements. This article examines when listed buildings might require an EPC, the extent of any exemptions from MEES, and the practical implications for property professionals.
EPCs and Listed Buildings: Legal Requirements
What is an EPC?
An Energy Performance Certificate (EPC) rates a building’s energy efficiency from A (most efficient) to G (least efficient). Under the Energy Performance of Buildings (England and Wales) Regulations 2012, an EPC is generally required when a building is constructed, sold, or let.
Exemption for Listed Buildings
The 2012 Regulations provide various exemptions, including an exemption for:
“…buildings officially protected as part of a designated environment or because of their special architectural or historic merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance.”
This means:
- Not all listed buildings are automatically exempt.
- The exemption applies only if energy efficiency improvements would unacceptably alter the building’s character or appearance.
- If improvements can be made without such alteration, an EPC may still be required.
Practical Application
Examples of energy performance measures which may alter character or appearance (or as a minimum are likely to require local authority planning permission to install on a listed building) include external solid wall insulation, replacement glazing, solar panels, or an external wall mounted air source heat pump.
Owners and professionals must assess whether recommended energy efficiency measures would compromise the building’s special character. Consultation with the local planning authority’s conservation officer is often necessary, and clear documentation of the decision-making process is essential.
MEES and Listed Buildings: Applicability and Exemptions
What are MEES?
The Minimum Energy Efficiency Standards prohibit the letting of private rented property with an EPC rating below E, unless an exemption applies. This applies to both commercial and residential properties.
MEES and the EPC Exemption
MEES only apply to properties legally required to have an EPC. Therefore, if a listed building is exempt from the EPC requirement, it is also exempt from MEES.
- If a listed building does not require an EPC (because improvements would unacceptably alter its character), it is not subject to MEES.
- If a listed building does require an EPC, it must comply with MEES unless another exemption applies.
Other MEES Exemptions
Where a listed building is not exempt from MEES by virtue of the EPC exemption, other exemptions may be relevant, such as:
- Consent Exemption: Where third-party consent (e.g., from a conservation officer) for improvements cannot be obtained.
- Devaluation Exemption: Where improvements would reduce the property’s value by more than 5%.
- All Improvements Made Exemption: Where all relevant improvements have been made, but the property still does not meet the minimum standard.
All exemptions must be registered on the PRS Exemptions Register to be valid. The process is free and can be done online.
Practical Application
- Assessment: Carefully consider whether energy efficiency measures would unacceptably alter the listed building’s character.
- Consultation: Engage with conservation officers early.
- Record Keeping: Maintain clear records of listed status, assessments, and correspondence.
- Disclosure: Be transparent with buyers or tenants about EPC and MEES status.
- Exemption Registration: Ensure any exemption is properly registered on the PRS Exemption Register and supported by evidence.
- Penalties: Non-compliance can result in significant financial penalties.
