What to do if the EPC is erroneous?

An EPC that is now legally binding

Until 30 June 2021, the EPC had a purely informative value and could not form the basis of any legal action. Since 1 July 2021, it has become legally binding, on the same footing as the other diagnostics in the technical file. This means that a buyer or tenant can rely on the information it contains and hold the persons concerned liable in the event of an error causing them harm.

This binding force bears on the EPC data: energy class, estimate of consumption. The works recommendations that accompany it retain, however, an informative value. The binding force does not turn the EPC into a guarantee of actual consumption, which also depends on the occupants' habits.

The steps to follow in the event of an error

If you notice an error (wrong class, manifestly false data, method not followed), start by gathering the evidence: the disputed EPC, its supporting documents, and if possible a counter-assessment carried out by another certified surveyor. A second, divergent EPC is a key element in establishing the error.

Then send a written complaint to the surveyor, who is required to hold professional liability insurance. Failing an amicable agreement, you can refer the matter to the competent court. Depending on the situation, the action may target the surveyor (for fault in drawing up the EPC) and/or the seller or landlord.

• Gather the disputed EPC and its supporting documents
• Have a counter-assessment carried out by a certified surveyor
• Send a written complaint to the surveyor
• Seek an amicable agreement, then refer the matter to the court if necessary

The possible remedies

When the error is established and causes harm, several outcomes are possible. The buyer can claim damages covering the harm suffered, for example the additional energy cost or the cost of necessary works that the EPC led them to believe were unnecessary. A reduction in the sale price can also be sought.

For rental, an erroneous EPC that masks energy indecency can give rise to a right to have works carried out, or even to a rent reduction. The liability of the surveyor is most often engaged on the ground of professional fault, their insurance being intended to compensate the harm. The applicable limitation periods must be checked on a case-by-case basis.