UK EPB Regulations 2012 Regulation 6: Energy Performance Certificate Rules on Sale and Rent

Key Takeaways

• Regulation 6 of The Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012 No. 3118) governs Energy Performance Certificates (EPCs) for buildings being sold or rented out.
• The relevant person must make a valid EPC available free of charge to any prospective buyer or tenant.
• This provision must occur at the earliest opportunity, defined by the first instance of written information being provided or a viewing taking place.
• The person who ultimately becomes the buyer or tenant must receive a valid EPC free of charge.

What are the UK EPB Regulations 2012 Regulation 6 Energy Performance Certificate Rules?

Regulation 6 of The Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012 No. 3118) sets out the rules for providing Energy Performance Certificates (EPCs) when a building is sold or rented out. This regulation, titled "Energy performance certificates on sale and rent," mandates specific actions from the relevant person involved in the transaction (August 2026). You must make a valid EPC available free of charge to prospective buyers or tenants at the earliest opportunity.

The table below summarises the core provisions of Regulation 6:

Figures as of August 2026.

When Does Regulation 6 Apply to Your Building?

Regulation 6 applies specifically "where a building is to be sold or rented out." This means that if you are the relevant person involved in a transaction to sell or rent a building in England or Wales, you are subject to these requirements. The regulation is part of The Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012 No. 3118).

This scope ensures that energy performance information is provided to potential occupants or owners at a critical decision-making point. It does not apply to buildings that are not being marketed for sale or rent.

What is the "Earliest Opportunity" for Providing an EPC?

The "earliest opportunity" standard is a key aspect of Regulation 6. You must make the EPC available free of charge to any prospective buyer or tenant at this point. The regulation clarifies this by stating it must be provided "no later than whichever is the earlier of—" two specific triggers (August 2026).

The first trigger is "the time at which the relevant person first makes available any information in writing about the building to the person." This covers any written marketing materials or property details provided. The second trigger is "the time at which the person views the building." This means if a viewing occurs before any written information is exchanged, the EPC must be available at the viewing.

This provision ensures that prospective buyers or tenants have access to the EPC information early in their decision process.

Why Must the EPC Be Provided Free of Charge?

Regulation 6 explicitly states that "The relevant person shall make available free of charge a valid energy performance certificate to any prospective buyer or tenant." This requirement extends to the final transaction, where "The relevant person must ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the buyer or tenant."

This ensures that the cost of obtaining the EPC does not become a barrier for potential buyers or tenants to access this important energy information. It places the responsibility for providing the certificate, without charge, on the seller or landlord.

How We Verified These Regulations

We verified the details of Regulation 6 by directly consulting the official UK legislation website, legislation.gov.uk, on 23 August 2026. Our review focused on The Energy Performance of Buildings (England and Wales) Regulations 2012 (S.I. 2012 No. 3118), specifically Regulation 6. All quoted provisions and statutory citations in this article are taken verbatim from the official text of this Statutory Instrument. We did not consult secondary sources or interpretations for the core regulatory text.

Ensuring Compliance with EPC Regulations

Understanding and complying with Regulation 6 is crucial for anyone selling or renting a building in England or Wales. Failure to provide a valid EPC free of charge at the earliest opportunity can lead to penalties. The regulation also includes a "Non-Discrimination Rule," stating that "Nothing in paragraph (3) authorises the doing of anything which constitutes an unlawful act of discrimination." This ensures that the process of providing EPCs is fair and equitable.

For further guidance on related regulations and how they might impact your property, you can consult our other guides. For instance, understanding the validity period of an EPC is covered in our guide on UK EPB Regulations 2012 Regulation 9: Asset Rating and 10-Year Validity. If you are considering commercial properties, our UK MEES Commercial Solar PV and EPC Compliance Guide provides relevant information. Additionally, for broader building regulations, refer to our guide on UK Building Regulations Part L Regulation 26: Target CO2 Solar Guide.

These regulations are designed to promote energy efficiency and transparency in the property market. Adhering to them helps ensure you meet your legal obligations.