Jake Rostron
Posted on 20 May 2021

In Brief: New grade B MEES proposal for non-domestic property

The Minimum Energy Efficiency Standards (MEES) came into force in April 2018 and required buildings that are let on leases or tenancies to be subject to an Energy Performance Certificate (EPC) with a minimum grade of energy efficiency at E or above.

In 2019, the Department for Business Energy and Industrial Strategy published a consultation on how best to improve the energy performance of non-domestic private rented buildings through tighter minimum energy standards. The Government's preferred option was to set a long-term trajectory that would require all non-domestic rented buildings to meet a minimum grade of B by 2030.

The consultation received wide support and as such, the Department are now consulting on the framework to implement this new requirement and improve the compliance and enforcement process. The Consultation opened on 17 March 2021 and closes on 9 June 2021.

New consultation

Among the proposals are:

  • A phased implementation of the EPC B by 2030 requirement, with EPC C by 2027 set as an interim milestone;
  • The introduction of two year 'compliance windows'. The 'compliance window' will begin with the requirement for landlords to present a valid EPC. For EPC C, the proposed window is to be 2025 – 2027, and for EPC B, 2028 – 2030;
  • A move away from enforcement at the point of letting;
  • The introduction of an Exemptions and Compliance database to provide the data that local authorities will require for enforcement and compliance monitoring.

This consultation signifies a marked and ambitious goal for the Government, given that it was only in 2018 that the minimum standard was put at "E". It is recommended that landlords of non-domestic buildings seek advice now from building surveyors and energy performance certificate providers as to the work required to buildings in order to meet minimum standard C by 2027 and minimum standard B by 2030.

The consultation can be found at this link.

This article is for information purposes only and is not a substitute for legal advice and should not be relied upon as such. Please contact Jake Rosrton to discuss any issues you are facing.