Minimum Energy Efficiency Standards (MEES) – Mandatory ‘E’ or better EPCS

  30th Mar 2017


In England and Wales legislation has now been introduced to ensure that from 1st April 2018, private domestic and non-domestic landlords letting or renewing leases will need to ensure that their properties reach at least an ‘E’ EPC rating unless certain exemptions apply.

To let EPC band E

Regulations will also mean that from April 2016, residential private landlords will not be able to unreasonably refuse consent to a tenant’s request for energy efficiency improvements where Green Deal finance or subsidies are available to pay for them.

For Non Domestic properties the exemptions include lack of consent and also an exemption that allows only improvements that meet a seven year payback criteria. Also, leases of a fixed length under six months with no provisions for renewal are excluded, as well as leases of 99 years or longer. This is likely to effect 20% of all Non Domestic properties.

Although the Regulations come into force from 1 October 2016, leases will not be caught by their provisions from this date. Instead, for the purposes of non-domestic leases, the Regulations will apply from 1 April 2018 to the grant of a new lease, lease extensions and renewals, and on or after 1 April 2023 to all leases including existing leases.

The Non Domestic regulations in outline

  • From 1 April 2018, a landlord will have to bring a sub-standard building up to an ‘E’ EPC rating or better before a new lease is granted (includes some lease renewals).
  • By 1 April 2023, properties on existing leases that have an F or G rated EPC must be brought up to  standard or shown as exempt
  • Leases of a fixed length under six months and leases of 99 years or longer are excluded.
  • There are some exemptions, such as a landlord is unable to obtain consents needed for the works – but these must be renewed every 5 years.
  • Only energy efficiency measures specified in the regulations must carried out and only if they pass a seven year payback test.
  • A register will be set up for non compliant properties listing any exemptions.
  • If all ‘relevant improvements’ are carried out a property will comply, but must register and compliance will only last 5 years.
  • There are fines for non-compliance ranging from £5,000 to £150,000

The Domestic regulations in outline

  • From 1 April 2016, a landlord cannot reasonably refuse a tenants request for energy efficiency improvements if they have no upfront cost (with some exceptions).
  • From 1 April 2018, a landlord will have to bring a sub-standard dwelling up to an ‘E’ EPC rating or better before a new lease is granted (includes lease renewals).
  • By 1 April 2020, properties on existing leases that have an F or G rated EPC must be brought up to  standard.
  • There are some exemptions for ‘unable to obtain consent’ etc.
  • There must be no upfront cost to a landlord for any improvements (i.e. Green Deal or other funding used)
  • A register will be set up for non compliant properties listing any exemptions.
  • If all ‘relevant improvements’ are carried out a property will comply, but must register and compliance will only last 5 years.
  • There are fines for non-compliance ranging from £1,000 to £5,000

Coles Knapp, as Elmhurst and CIBSE Low Carbon Assessors, can assist in benchmarking buildings and portfolios and modelling proposed improvements to assess viability. Our knowledge of the SBEM methodology and our experience in Part L Compliance means we can assist in finding the most cost effective solutions for existing buildings. We also have access tothe groundbreaking Arbn Reporting which can model multiple indicative costed improvement scenarios onto an existing EPC – or a portfolio of EPCs

A one day introductory course on MEES is available from Elmhurst Energy written and presented by Andrew Knapp, MD of Coles Knapp

Call us on 0330 024 1755 to discuss your requirements further