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The Department of Finance and Personnel are eager to share with us the numbers of estate agents they have spoken to, visited, the number of
conferences arranged at public expense, but when we came into contact with a document being circulated to estate agents, it became clear to us
that, there may be no onus or liability on the agent, solicitor or professional at all. It was only after disclosing to the DFP that we had sight of such
a document that the DFP stated categorically: 'the Regulations themselves do not impose any legal duty on property professionals whatsoever..' '..the requirement to obtain and make available a valid EPC, this duty is imposed solely on the 'relevant person' who is the seller (and from 30th December, the prospective landlord as well).' The concern with the conduct of the DPF in their administration of this policy, is that, if there is no fine to be levied at estate agents, solicitors and other property professionals, why has the department spent considerable amounts of money in contacting them, visiting them and arranging conferences for them, surely it would have been wiser to market the requirements of the EPC to the public or for the department to have drafted legislation placing a specific duty on the agent, punishable by a fine. A Belfast Telegraph article on the subject of EPCs indicated that the DFP had gone to great lengths advising agents and even sending them letters indicating they were about to conduct spot checks but as they are not the persons subject to the fine, under the regulations, it is unacceptable that they now threaten a fine on persons they have failed to communicate with, you the seller, and/or you the landlord! The legislative requirement is for an EPC to be made available 'at the earliest opportunity' and in our discussion with the DPF it would appear that before you have people viewing your property you must possess an EPC. Remember that whilst estate agents probably have a duty of care to you as their client, the fine belongs to you, should they fail to advise you or should you fail to act. Last Updated: 26th March 2009 |
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