From October 2026, a quiet but operationally significant rule change comes into force: landlords must have a valid EPC in place before marketing a property, not within 28 days of listing it. The government confirmed this in its January 2026 partial consultation response, and while it sits in the shadow of bigger EPC stories like the 2030 deadline, it will catch landlords off guard if they haven't adjusted their workflow.
Here is everything you need to know — what the grace period was, what's changing, and a five-step plan to make sure you're never blocked from re-letting.
What Was the 28-Day Grace Period?
Under the Energy Performance of Buildings (EPB) Regulations 2012, landlords selling or letting a property did not need an EPC in hand the moment marketing began. The regulations allowed up to 28 days to obtain a certificate after advertising started, provided the landlord had already engaged an accredited assessor.
In practice, many landlords (and their agents) operated on a "list first, sort the EPC during the first week" approach. A property could go live on Rightmove on a Monday, the assessor could visit on Wednesday, and the certificate would arrive by the following Monday — well within the 28-day window.
That flexibility is being removed.
What's Changing and When
| Current rule | From October 2026 | |
|---|---|---|
| When EPC is required | Within 28 days of marketing start | Before marketing begins |
| What triggers the obligation | Commercial advertisement goes live | Before first advertisement |
| Applies to | Lettings and sales | Lettings and sales |
| Penalty for non-compliance | £200 per property | £200 per property (Trading Standards) |
What the government confirmed (January 21, 2026):
"Marketing a property: The government will update regulations so that an EPC is required at the point of marketing, removing the 28-day grace period for an EPC to be produced after a property is marketed for sale or letting."
— gov.uk partial consultation response, January 2026
The grace period removal is part of the wider EPB regime overhaul expected from October 2026, which also introduces the new multi-metric EPC format. Both changes come into force together. If your next re-let is after October 2026, both rules apply.
What Counts as 'Marketing'?
A common question when the grace period applied — and now more important than ever — is exactly what "marketing" means.
Activities that trigger the EPC obligation (marketing):
- Listing on Rightmove, Zoopla, OnTheMarket, OpenRent, or any property portal
- Erecting a 'To Let' or 'For Sale' board at the property
- Advertising in any commercial media (print, web, social media)
- Window cards in an agent's office
What is NOT considered marketing:
- A private text or email to a friend, family member, or known prospective tenant who expressed interest, where no commercial advertisement has been published
The key threshold is commercial media and portals. As soon as the property appears on any of these, a valid, lodged EPC must already exist.
The Lead Time Problem — Why This Is an Operational Change
The grace period removal is not just a paperwork formality. It changes the workflow timing for every void period.
Most residential EPC assessments take 3–7 working days from booking to receiving the completed, lodged certificate (though many accredited assessors can turn around urgent assessments in 24–48 hours at premium rates). Under the current 28-day rule, you had a comfortable buffer. Under the new rule, there is no buffer at all.
The practical implication: If you wait until a tenant gives notice to book an EPC, and the current certificate has expired, you cannot list the property until the new certificate arrives. For a landlord targeting a same-week re-let, that is a 3–7 day marketing hole — directly translating to lost rental income.
What to do instead:
- Check whether your EPC is still valid before issuing a section 21 notice or accepting a notice period (check at epcregister.com)
- Book an assessor to coincide with the tenant's last week — so the certificate arrives on or before the tenant's move-out date
- For portfolio landlords: build EPC renewal lead times into your annual void-period planning calendar
For properties where no recent significant work has been done and the last EPC was strong, the existing certificate may still be valid. But many landlords are surprised to discover their certificate expired without notice — the EPC Register sends no reminder.
Who Is Liable — Landlord, Agent, or Both?
Under the EPB Regulations 2012, both the landlord and the letting agent carry obligations — and the grace period removal affects both.
The landlord is responsible for ensuring a valid EPC exists and is lodged on the national register before the property is marketed. If it isn't, the landlord is liable for the £200 penalty.
The letting agent who places the advertisement has an independent obligation to display the EPC energy efficiency rating in all property advertising. An agent who markets a property without displaying the energy rating — whether or not they knew the EPC was missing — can also face the £200 penalty.
⚠️ "My agent handles everything" is not a defence for the landlord. You can be fined regardless of whether you use a fully managed letting agent. The agent may also be fined, but your liability is separate and cannot be waived by delegating to an agent. See our letting agent EPC responsibility guide for the full liability breakdown.
The practical outcome: From October 2026, a responsible letting agent should be checking the EPC Register before uploading a listing to any portal. Build this into your management agreement with your agent — or confirm their internal workflow includes this step.
5 Steps to Be Ready Before October 2026
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Audit your portfolio now. Log in to epcregister.com and record the expiry date for every property's EPC. Pay particular attention to any certificate issued between 2015 and 2018 — these may expire during 2025–2028.
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Flag upcoming voids. Cross-reference your EPC expiry dates against your tenancy renewal calendar. Any property with an expiry date within 12 months of an expected re-let needs to be prioritised.
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Build in lead time. When a tenant gives notice, commission an EPC assessor to visit in the tenant's final week — not after they leave. Aim for the certificate to arrive before or on the last day of the tenancy.
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Brief your letting agent. Ask them to confirm their workflow includes an EPC Register check before uploading any new listing. If they can't confirm this, you are carrying the compliance risk.
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Check the new format. From October 2026, the EPC format changes from a single A–G rating to a new multi-metric system covering fabric performance, heating system efficiency, and smart readiness. Any EPC commissioned after October 2026 will be under this new methodology. Ask your assessor what this means for your property type. See our guide to the Home Energy Model for more context.
What Is the Penalty for Marketing Without an EPC?
The penalty under the EPB Regulations 2012 is £200 per property, enforced by your local Trading Standards authority (local weights and measures authority).
The grace period removal does not change the penalty amount — it simply means the fine is immediately triggered the moment a property is marketed without an EPC, rather than 29 days later.
Separate from the EPB Regulations, failing to have a valid EPC can also trigger MEES enforcement. If a Trading Standards inspection discovers a property is being let without a valid EPC, that may prompt an investigation into whether it meets the minimum energy standard (currently EPC E). MEES penalties for non-compliant properties range up to £30,000 per property under the new enforcement regime from 2030.
The £200 fine is modest. The operational cost of a week's marketing delay — and the risk of a concurrent MEES investigation — is not.
Frequently Asked Questions
Does my property need a new EPC for every new tenancy?
No. A valid EPC is good for 10 years from the date of issue. You don't need to renew it each time a new tenancy starts, provided the certificate is still within its validity period and the property hasn't undergone significant energy-related works. The government confirmed in January 2026 that the proposed reduction to five years has been rejected — the 10-year period is retained.
What if my EPC expires while a tenancy is already running?
An EPC expiring mid-tenancy does not require you to commission a new one while the tenant is in place. You only need a valid EPC at the point of re-marketing. However, if you renew or re-let after October 2029, the new EPC will be issued under the new Home Energy Model methodology and may produce a different rating. See our EPC expiry guide for the full picture.
Does this apply when I'm selling as well as letting?
Yes. The grace period removal applies equally to sale and letting marketing. If you're selling a rental property, a valid EPC must be lodged before the estate agent lists it.
Does this change what my letting agent needs to do?
Your agent already had an obligation to display the EPC energy efficiency rating in all advertisements. The grace period removal means agents must verify the EPC is lodged on the register before uploading a listing — not just display it in the ad once the listing is live. Both obligations apply; both carry the £200 penalty for breach.
When exactly does the grace period removal come into force?
The change is part of the wider EPB regime overhaul targeted for October 2026, when the new multi-metric EPC format also launches. Specific implementation regulations have not yet been laid, but October 2026 is the government's stated target. Watch for the secondary legislation announcement for the exact commencement date.
For a full breakdown of who is responsible for EPC compliance when you use a letting agent, see our letting agent EPC liability guide. To find an accredited EPC assessor, see our guide to choosing a reliable assessor.