At the last ARLA regional meeting in London, Marveen Smith noted that many of those attending were not happy with the changes to the EPC regulations.
Therefore having called some people and then some more people we were referred to:
Do newspaper adverts or window cards for property lets meet the definition of written particulars? No. The requirement to attach a copy of the front page of the Energy Performance Certificate to written particulars is where an agent proposes to provide written particulars to a person (i.e. a specific individual) who may be interested in buying or renting the building. This implies that a copy of the front page of the Energy Performance Certificate does not need to be attached to ‘advertising material’ – ie – a newspaper or window card.
Can the Energy Performance Certificate be re-sized if the written particulars are produced in A5 format?
The Energy Performance Certificate can be reproduced in a smaller size provided it is still legible and meet any other legal obligations, such as the Equality Act 2010.
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We understand that the guidance will be adhered to therefore we strongly recommend that you keep a copy in the office just in case the enforcement team comes knocking…..
One thing we would like to make clear is that this guidance does conflict with the legislation. Therefore despite the existence of the guidance, agents could still be pursued by trading standards and as such it will be a commercial decision on what to do and what not to do with the EPC and the marketing material they use.
Filed under: England & Wales, FLW Article, comment, consultations, Housing Act 2004, legislation
Painsmith Landlord and Tenant Blog 
Thank you kindly for the update, would Painsmiths be able advise if there is any particular reason that window cards are treated differently to websites, when they are in essence the same idea?
I would perhaps presume it is because a window can be seen by all who pass as opposed to the website which is assumed to have been visited with intent to view by prospective tenants?
The legislation clearly makes no distinction between the website and a window card as the legislation states that the requirement for the first page of the EPC applies to both. However the guidance makes the distinction and I can’t really advise why because quite frankly the guidance contradicts the legislation. But given that we understand that Trading Standard Officers will adhere to the guidance we thought it should be bloged.
Thank you for clarifying your position, as always, much appreciated.