Commercial Property Update - February 2012

Welcome to the monthly property update from Rachel Houghton at Taylor&Emmet LLP.

This month we look at changes to the law and practice in relation to Energy Performance Certificates and touch on the Localism Act 2011.

Energy performance certificates:-

The recast EU Energy Performance of Buildings Directive will repeal and replace the 2002 version from 1 February 2012 and the new Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (SI 2011/2452) will come into force on 6 April 2012. The fundamental changes to what is already in existence are:

an energy performance certificate (EPC) will be required on marketing for all properties;
written property particulars must include a copy of the first page of the EPC. It is no longer possible to include only the asset rating; and
air conditioning reports must be registered.
　
The Carbon Emissions Reduction Target (CERT) will come to an end and be replaced by the Energy Company Obligation (ECO) in 2012. The ECO is a new obligation on energy companies to meet specific carbon savings targets, which will require them to invest in energy saving measures in homes, with significant sanctions for failure to meet the targets. For more information please contact us to ensure that you have procedures in place to ensure compliance.
　
　
Localism Act 2011

On the 15th November 2011 the Localism Act received Royal Assent, the DCLG has indicated that many of the provisions of the Act are expected to be in place by April 2012. Those of main relevance to the property world include but are not limited to:

Although of no real practical significance the requirements for Home information packs (HIPs) were suspended with effect from 21st May 2010, the 15th January 2012 saw their formal abolishment
The current provisions contained in the Town and Country Planning Act 1990 are to be amended and replaced with Neighbourhood planning provisions ( ie relating to planning permissions for specified development to be granted in a particular area through Neighbourhood Development Orders), the new provisions which are estimated to come into effect in April 2012. The actual order making powers of section 116 came into force on 15 November 2011, to enable detailed, procedural regulations to be made. Apparently there are already projects are underway across the country set to test this new process which may deliver a neighbourhood plan or NDO in 2012.
A further amended to planning enforcement provisions (again currently contained in the TCPA 1990) are set out in section 124 of the LA 2011. These amendments will allow Local Planning Authorities in England to apply to a magistrates' court for a planning enforcement order to enable enforcement action to be taken after the statutory time limit has expired, where the breach was concealed. These changes are estimated to come into effect April 2012.

For more information on the specific provisions of the Act and for further guidance please contact us.