From 9th January 2013, Energy Performance Certificates to appear in all Commercial property Advertisements

Andrew Hulbert11th January, 2013.


From 9th January 2013, Energy Performance Certificates to appear in all Commercial property Advertisements


By Lance Turner, Director



From a commercial property viewpoint an easing of credit and availability of finance for property lending will provide some real impetus to growth.  My colleague Neil Slade talked about a shortage of new development where demand exists but credit is difficult and I thought it was worth supporting Neil’s piece with a little more detail.
Well the headline from the latest Ernst & Young Item Club that “The crippling credit crunch is loosening” certainly seems to be a pointer that the availability of credit may be getting a little easier.
There is little doubt that the ongoing credit crunch and crisis in the Banks continues to affect business thinking nearly 5 years on from the start of the world’s economic woes.  The effects on property both commercial and residential are well catalogued and there for all to see – not least the retreat of values!
It is not an argument for inflating property values – what we need is more financial liquidity in the market to ‘make things happen’.
The Item Club lays bare some of the statistics around the credit crunch.  Part of their commentary was how UK Banks borrowed “£900 billion” that was borrowed from overseas up to 2008 and how we’ve been paying the price ever since as the UK reigns back from the £100 billion a year that Banks were using to fund domestic lending.
The Item Club explain that once it happened, the breakdown in the funding markets triggered several other crucial factors.  Secondary banking subsidiaries had to be supported, straining capital adequacy ratios.  Loan losses had the same effect.  Bank boards, as well as their shareholders and regulators, became very risk-averse as the losses mounted.  Tougher capital and liquidity requirements exacerbated the lending squeeze.  The ensuing recession made Banks even more worried and of specific concern for those earning their money in the property market, about the solvency of mortgage borrowers and small businesses.  Lending was depressed because the economy was depressed and vice versa, a classic vicious circle.
The Item Club thinks the background of tight credit and the Banks’ liquidity issues may be coming to an end with credit and liquidity requirements having been relaxed.  The Bank of England’s new Funding for Lending Scheme is designed to increase the flow of credit and reduce its cost, increasing the funding gap, or at least slowing the speed at which it is paid down.  It will reinforce the effect of the revival of the UK mortgage-backed securities market seen in recent weeks.
Ernst & Young say that ‘Although banks remain very risk-averse, they are effectively shifting the risk lending to affluent home buyers who have equity to invest.  In the case of first-time buyers, the builders and the government are shouldering the risk through new-buy schemes.  The banks’ capital base is also recovering’ they say.  Furthermore they comment that ‘These developments help to explain the marked improvement in the mortgage market suddenly being signalled by the Bank of England’s Credit Conditions survey, the sharpest since this survey began in 2007.  In the third quarter of this year, a significant proportion of mortgage lenders said they had loosened their lending criteria or were planning to do so, while 22% were planning to reduce the mark-up on mortgage rates.  The survey suggested that little movement in unsecured lending and forecast a continued deterioration in the outlook for lending to small companies, which it seems, are still regarded as too risky.  Nevertheless, these developments are encouraging.’
A lot of economic detail but for ‘property watchers’ and for those like us working in the property industry these are important pointers for how the market may perform over the next 12 to 24 months.
Not sure we can say this is the end of the credit crunch although we’d all hope that, it may just be the ‘end of the beginning’ though

Whilst these legal changes are important for those working in the property industry the fact that advertisements in newspapers, magazines and journals must also show EPC rating when offering buildings for sale or to let is pretty daft.

An advertisement is hardly a set of marketing details or a contract for disposal and it is inviting preliminary interest.  Whether a property has a B or C rating even a B or F rating is hardly likely to affect anyone’s decision to request details and look for more information on the property advertised.  As far as we can see it is largely designed to waste news print!

What a silly piece of law making this is, driven by new rules from Brussels, it also means Energy Performance Certificates (EPC’s) must be put on public display in all commercial buildings above 5,000 sq ft from 9th January.

The government changes mean that commercial buildings that are visited frequently by the public, such as shops and restaurants, must now display a valid EPC in England and Wales, if one has already been undertaken.

The responsibility for displaying the EPCs will be placed on tenants rather than landlords.

It is the tenant’s, not the landlord’s, responsibility to make sure this happens for the space they occupy.  Landlords may, however, face similar obligations for common areas under their control.  Businesses can be fined for non-compliance on some of the new requirements.  We think these new procedures may have gone largely “under the radar” by tenants of affected commercial buildings, and this looks like an unnecessary extra burden of legislation that adds to the red tape of occupiers and the property industry when they least need it.


If you require an EPC or need your property marketing then the EGi award winning agency team at Harris Lamb can help and advise on 0121 455 9455 or email

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