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Current and Proposed MEES Regulations
2023

MEES Legislation Latest Updates

It’s important to note that some of these changes are unconfirmed and may be amended or rejected altogether. The second reading in the House of Commons of the MEES 2 bill, which would bring these changes into effect, was originally scheduled for 18th March 2022, however this did not take place and it was rescheduled for Nov 2023.

Following this the Prime Minister made a statement, on 4th October 2023, stating that there will be no new ‘EPC Requirements’ legislated for. We presume that this means the ‘proposed’ changes listed below will now not occur during this Government's tenure, and we also assume this applies to both Domestic and Commercial properties, however as yet there has been no further information on the detail behind this statement.

We are keeping an eye on movements and updates for these regulations and will keep this page of our website updated as and when we have more information or confirmed news.

Current

Current MEES Regulations 2018 require domestic and commercial properties in England and Wales to comply with certain standards before they can legally rent them out.

Domestic

Landlords cannot grant new tenancies or continue to let via existing tenancies if the property has an EPC rating of F or G.

All domestic landlords are required to comply with this if their property is legally required to have an EPC and is an assured, regulated or domestic agricultural tenancy.

A domestic landlord may apply for an exemption if they’re unable to improve the property to an E rating for an acceptable reason, often requiring a draft EPC and MEES report to demonstrate this when applying to the PRS Exemptions Register.

A local authority can serve a financial penalty if they find out a property is or has been in breach of MEES Regulations up to 18 months after the breach and/or publish details of the breach for at least 12 months*. They can decide the level of penalty, up to the following limitations as set in the MEES Regulations:

  • Up to £2000 and/or a publication penalty for letting a non-compliant property for less than 3 months.
  • Up to £4000 and/or a publication penalty for letting a non-compliant property for 3 months or more.
  • Up to £1000 and/or a publication penalty for providing false or misleading information on the PRS Exemptions Register.
  • Up to £2000 and/or a publication penalty for failure to comply with a compliance notice.

The maximum total amount that a landlord can be fined per property is £5000.

Commercial

Landlords cannot grant new tenancies or continue to let via existing tenancies if the property has an EPC rating of F or G, unless either:

  • The landlord has an exemption applied on the PRS Exemptions Register; or
  • All relevant energy efficiency improvements have been made (or there are none to be made) and the rating is still below E, and this has been registered as an exemption on the PRS Exemptions Register.

An enforcement authority can serve a penalty on those who have been found in breach of MEES Regulations, and can decide to apply a publication penalty* and determine the amount of financial breaches up to the following limits:

  • Up to £5000, or up to 10% of the rateable value of the property (whichever is most), with a maximum penalty of £5000 and a publication penalty for letting a non-compliant property for less than three months.
  • Up to £10000, or up to 20% of the rateable value of the property (whichever is most), with a maximum penalty or £150000 and a publication penalty for letting a non-compliant property for three months or more.
  • Up to £5000 and a publication penalty for registering false or misleading information to the PRS Exemptions Register.
  • Up to £5000 and a publication penalty for failing to comply with a compliance notice.

These are the maximum penalty amounts per property.

Publication Penalties

* A Publication Penalty means that a local authority can publish the following information on the PRS Exemptions Register:

  • Details of the breach;
  • The name of the landlord (providing that this is not an individual);
  • The address of the property where the breach occurred; and
  • The amount of the financial penalty imposed.

Proposed Changes to MEES Regulations

Domestic

Domestic Premises

All domestic properties regardless of tenure must achieve at least a C rated EPC by 2035, where practical cost effective and affordable, unless:

  • An occupant or someone else whose permission is needed to carry out improvement works have refused permission;
  • It’s not technically feasible to reach EPC band C;
  • The cost of carrying out works exceeds £20000.

Privately Rented Domestic Properties

All domestic rental properties to achieve at least a C rated EPC by December 2025 before granting a new tenancy where practical, cost effective and affordable.

All existing domestic tenancies achieve at least a C rated EPC by December 2028, where practical, cost effective and affordable.

Mortgage Lenders

All mortgage lenders’ portfolios must have an average EPC rating of at least C rating by 2030.

Owner Occupied Properties - which are not mortgaged

Owner occupied homes must achieve a C rated EPC by 2035, where practical, cost effective and affordable.

Social Housing

Social landlords’ domestic portfolios must include a significant amount which achieve a C rated EPC by 2035.

New Homes

All new homes built from Jan 2025 are zero carbon ready.

Commercial

All Rented Commercial Properties

Privately rented commercial properties must achieve at least an EPC rating of C by 2027.

Rented commercial properties must achieve at least an EPC rating of B by 2030, unless it’s not technically feasible and where it is not cost effective.

Easy EPC and MEES

As well as taking the time to understand and stay up to date on MEES regulations, here at Easy EPC we offer solutions to both finding out the most cost effective and least disruptive ways to improve a property’s energy efficiency to comply with MEES regs, and also successfully apply to the PRS Exemptions Register.

MEES Reports

Our specialist technical team can create a comprehensive and easy-to-follow report showing you multiple scenarios for how to get your property to achieve the required ratings. Working to you and your property’s needs. This is our MEES Consultancy service.

  1. If we haven’t surveyed your property within the last 6 months (or if changes have occurred within the property), we will need to visit to collect the necessary data to complete an accurate report.
  2. Our desk based technical team will create your personalised report.
  3. Once you’ve completed the required works we will revisit the property to complete your improved EPC. If the works have been completed and we can survey and finalise the new EPC within 6 months of the first appointment, we can offer a discounted revisit price.

Extensive MEES

If you need to register your property(s) to the PRS Exemptions Register then our Extensive MEES report is for you. The key difference between this and our standard style report is that this report shows what the maximum cost of installing the measure is before it becomes MEES exempt. Combined with quotes for the work from 3 sources, this can then be used as the basis of a MEES exemption application.

Other Information

MEES Regulations Explained

MEES FAQs

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