Why EPC responsibility causes confusion for estate agents
An Energy Performance Certificate (EPC) is legally required before a property can be marketed, yet confusion around who is responsible for arranging it remains widespread.
Vendors often assume the agent will handle the EPC. Agents, in turn, may assume the seller already has one in place. When neither side takes ownership early, delays occur — particularly in busy markets such as London and Manchester.
Who is legally responsible for the EPC?
Legally, the responsibility for ensuring an EPC exists sits with the seller or landlord. However, estate agents have a legal obligation not to market a property unless a valid EPC has been commissioned.
This means that while the seller may be responsible in principle, agents carry real compliance risk if a property is listed without one.
What this means in practice for estate agents
In practice, EPC responsibility becomes shared:
- The seller is responsible for paying for the EPC
- The agent is responsible for ensuring it exists before marketing
- Both parties are exposed if the EPC is delayed or missing
When EPCs are left until late in the instruction process, agents lose control over timelines — a common cause of delayed listings and missed launch dates. This issue is explored further in how EPC delays impact property sales.
Why EPCs are becoming a bigger issue at instruction stage
EPCs are no longer a box-ticking exercise. Buyers are paying more attention to energy efficiency, and EPC ratings increasingly influence affordability, demand, and negotiation.
This shift is already affecting saleability in markets such as Bristol and Blackpool, where energy efficiency can significantly influence buyer interest. The relationship between EPC ratings and pricing is covered in how EPC ratings affect house prices.
What happens if an EPC isn’t in place?
If a property is marketed without a valid EPC:
- The agent may be in breach of marketing regulations
- Local authority enforcement action is possible
- Listings may need to be amended or withdrawn
- Sales progression can be disrupted later
These risks increase as regulatory scrutiny grows, particularly with uncertainty around future EPC requirements. Many sellers are unsure whether existing EPCs will remain valid, an issue addressed in whether a new EPC will be required in 2026.
Best practice for estate agents
The most effective agencies remove ambiguity entirely by treating EPCs as part of the instruction process.
Best practice includes:
- Confirming EPC status at valuation stage
- Arranging the EPC immediately once terms are agreed
- Using a single nationwide EPC provider
- Ensuring vendors understand EPCs are required before marketing
This approach protects compliance, reduces admin, and keeps listings on schedule.
Why many agents choose to manage EPCs directly
While sellers ultimately pay for the EPC, many agents choose to manage the process themselves to maintain control over timelines.
Using a nationwide booking system allows agents to:
- Avoid chasing sellers or assessors
- Ensure consistent turnaround times
- Protect launch dates and pipeline forecasts
EPCs can be arranged directly through the Move-Nest booking system, providing nationwide coverage and end-to-end management designed specifically for estate agents.
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