THE NON-DOMESTIC PRIVATE RENTED PROPERTY MINIMUM STANDARD

Chapter 1: How the Regulations Apply to Non-Domestic Property
20. Where a mixed use property is rented on an assured tenancy (including an
assured shorthold tenancy) for the purposes of the Housing Act 1988, a
regulated tenancy under the Rent Act 1977, or a domestic agricultural
tenancy under the Energy Efficiency (Domestic Private Rented Property)
Order 2015, then it is likely to be considered a domestic property, and treated
accordingly 11 .
21. If a property is let under any type of tenancy but is not considered a
“dwelling”, then it will be considered a non-domestic building for the purposes
of the Regulations 12 , and will need to comply with the minimum standards. In
all cases it will be for the landlord to check their lease arrangements to
understand what type of tenancy is in place, and they should seek
appropriate legal advice if there is any uncertainty as to whether a property
falls within the domestic or non-domestic category. Landlords may also wish
to discuss any concerns with the relevant enforcement authority before
determining any course of action.
1.3 Energy Performance Certificate (EPC) ratings
1.3.1 EPC Overview
22. As noted at the start of this chapter, the minimum standards provisions only
apply to those non-domestic properties which are legally required to have an
Energy Performance Certificate (EPC). This includes individual properties,
such as retail units situated within larger buildings, which are required to have
their own individual EPC. Given this, a private rented property is covered by
the minimum energy efficiency provisions if it is required to have an EPC by
any of the following:
The Energy Performance of Buildings (Certificates and Inspections)
(England and Wales) Regulations 2007 13 ,
The Building Regulations 2010,
The Energy Performance of Buildings (England and Wales) Regulations
2012.
their property is outside of the scope of the minimum standard. See Chapter five for further information on compliance
notices.
11 The domestic minimum standards have some different implementation dates and different funding provisions to the
non-domestic minimum standards which landlords will need to be aware of. Separate guidance on domestic minimum
standard compliance will be published in due course.
12 A “dwelling” is defined as a “building or part of a building occupied or intended to be occupied as a separate
dwelling”.
13 The 2007 regulations have been repealed. However the PRS minimum standards regulations still recognise valid
EPCs which were required by the 2007 regulations.
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