Our two-bedroom bungalow has been marketed by estate agents since February 2007. It was made clear from the outset that we did not require a home information pack (Hip). Last week our agent rang to say that we would require an energy performance certificate (EPC) by October 1, 2008, or he could be fined. The cost is £95. Is our agent right?

The energy performance certificate is being rolled out across Europe as a result of the EU Energy Performance of Buildings Directive 2003. In the UK, this has been implemented by the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007. Just to make things even more confusing, the regulations have already been amended four times in the past year. An EPC shows the energy efficiency rating of a property on a scale of A-G (where A is the most efficient and G the least efficient). The 2007 regulations impose two main requirements. First, if a seller has a Hip the pack must include an EPC. Secondly, as from October 1, 2008, a seller or prospective landlord of a property must make an EPC available free of charge to any prospective buyer or tenant “at the earliest opportunity”. This means before contracts are exchanged or a tenancy is entered into. If a prospective buyer or tenant asks for property particulars or views the property, the obligation applies at that stage.

People selling their homes who previously did not have to have a Hip will now need an EPC, and tens of thousands of small landlords will now need a certificate for the first time. Failure to have an EPC means that a local authority can issue a penalty charge notice for £200.

The latest changes to the regulations were published on September 9, 2008. Until then, energy certificates in Hips had to be updated every year. Now they can be up to three years old.

Given that the bungalow was marketed before Hips were introduced, you did not originally need an EPC. However, a certificate is a stand-alone document, and you will now need one by law. Your agent is therefore right, so you will have to pay the agent for an EPC or arrange one yourself.

The writer is a barrister at Tanfield Chambers. E-mail your questions to: brief.encounter@thetimes.co.uk

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