In order to carry out the assessment up to date floor plans for each building will be required.

From the relevant dates below it will be illegal to sell or lease commercial buildings in each category without first obtaining an Energy Performance Certificate.

The Certificate must be made available to a prospective buyer or tenant at the earliest opportunity before entering a contract for sale or lease but no later than the release of marketing material or the request for an inspection of the property.

The Directive applies to the sale of investment property as well as to the assignment of existing leasehold interests and the sale or letting of vacant premises.

The key dates are: -

• 6th April 2008 - All commercial buildings having a floor area in excess of 10,000 square metres will require an Energy Performance Certificate on completion of construction, sale or leasing.

• 1st July 2008 - All buildings in excess of 2,500 square metres are included.

• 1st October 2008 – All commercial buildings.

An Energy Performance Certificate will last for a period of 10 years and can be assigned with a property. Improvement works to a property could result in an enhanced rating which may be advantageous if, at a future date, there is a cost implication, via environmental levy or taxation, for occupying less efficient buildings.

For further information on how this legislation might impact on you please contact Andrew Gent of Gent Visick on 0113 200 3981 or email on andrew.gent@gentvisick.com