We are now less than three weeks away from the next key date in the implementation of the Minimum Energy Efficiency Standards (MEES) regulations. From 1 April 2023, it will be unlawful for a landlord to continue to let commercial premises with an EPC rating of F or G unless a valid exemption is registered. Failure to comply with the regulations may result in a landlord incurring a financial penalty and the breach being publicised. Please refer to our briefing note (https://www.stevens-bolton.com/site/insights/articles/minimum-energy-efficiency-standards-mees) for further details.

Whilst landlords of commercial premises with a valid EPC of E or above are safe for now, the government has consulted on plans to raise the minimum standard from E to C (by 2027) and then B (by 2030). Therefore landlords need to be thinking now about future compliance with the regulations as standards will inevitably rise. In particular this may involve landlords 1) identifying any sub-standard properties within their portfolio, 2) considering the optimum time for any necessary energy efficiency works to be carried out and how to fund them, 3) apportioning responsibility within leases for compliance with MEES / carrying out necessary energy efficiency works and 4) considering whether any exemptions may apply.

If you require any further information or advice in connection with the MEES regulations, please contact our real estate team.