Government has said it intends to remove the 28-day EPC grace period from October 2026, so that a valid EPC would have to be in place before a property is marketed rather than within 28 days of listing it. That intention appears in the January 2026 partial consultation response. The implementing regulations have not been laid, so the 28-day allowance still applies. It is a small change next to the proposed 2030 standard, but it changes void-period workflow, which is why it is worth preparing for now.
Here is what the grace period is, what is proposed, and a five-step plan so you are never blocked from re-letting.
What Was the 28-Day Grace Period?
Under the Energy Performance of Buildings (England and Wales) Regulations 2012, a landlord selling or letting a property does not need an EPC in hand the moment marketing begins. The regulations allow up to 28 days to obtain a certificate after advertising starts, provided the landlord has already used all reasonable efforts to secure one.
In practice, many landlords and their agents work on a "list first, sort the EPC during the first week" basis. A property goes live on Rightmove on a Monday, the assessor visits on Wednesday, and the certificate arrives the following Monday, well inside the 28-day window.
That flexibility is what government proposes to remove.
What Is Proposed, and When
| Rule in force | Proposed, 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) |
In its partial consultation response of 21 January 2026, government said it would update the regulations so that an EPC is required at the point of marketing, removing the 28-day grace period for producing one after a property is marketed for sale or letting.
The change is part of a wider overhaul of the EPB regime targeted for October 2026, which also brings a new multi-metric EPC format. Both depend on secondary legislation that has not yet been laid, so treat October 2026 as a target rather than a fixed date.
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
Removing the grace period is not just a paperwork formality. It changes the workflow timing for every void period.
Most residential EPC assessments take 3 to 7 working days from booking to a completed, lodged certificate, though many accredited assessors will turn round an urgent assessment in 24 to 48 hours at a premium. Under the 28-day rule you have a comfortable buffer. Under the proposed rule there would be none.
The practical implication: if you wait until a tenant gives notice to book an EPC and the existing certificate has expired, you could not list the property until the new certificate arrives. For a landlord targeting a same-week re-let, that is a marketing hole of several days and rent you do not collect.
What to do instead:
- Check whether your EPC is still valid before starting a possession process or agreeing a notice period. Look it up on the official EPC register
- 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: if the change goes ahead, a responsible letting agent will need to check the EPC register before uploading a listing to any portal. Build this into your management agreement, or confirm their internal workflow already includes the step.
5 Steps to Be Ready Before October 2026
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Audit your portfolio now. Use the official EPC register to record the expiry date for every property's EPC. Pay particular attention to any certificate issued between 2015 and 2018: those expire during 2025 to 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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Watch the new format. Government intends to replace the single A to G headline with a multi-metric EPC covering fabric performance, heating system efficiency, and smart readiness, targeted for October 2026. That also depends on regulations not yet laid. Ask your assessor what it would mean 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 (the local weights and measures authority).
Removing the grace period would not change the penalty amount. It would simply mean the fine is triggered the moment a property is marketed without an EPC, rather than 29 days later.
Separate from the EPB Regulations, letting without a valid EPC can also draw MEES enforcement. If an inspection finds a property being let without a valid certificate, that may prompt a check on whether it meets the minimum energy standard, which is band E and has been since 1 April 2020. The maximum MEES civil penalty in force is £5,000 in total per property, across all breaches combined. Government has proposed raising that to £30,000 alongside a band C standard from 1 October 2030, but neither is law.
The £200 fine is modest. A week of marketing delay, plus the risk of a MEES investigation running alongside it, is not.
Frequently Asked Questions
Does my property need a new EPC for every new tenancy?
No. A valid EPC lasts 10 years from the date of issue. You do not need to renew it each time a new tenancy starts, provided the certificate is still within its validity period. Government considered shortening the validity period and said in January 2026 that it would keep 10 years.
What if my EPC expires while a tenancy is already running?
An EPC expiring mid-tenancy does not oblige you to commission a new one while the tenant is in place. You need a valid EPC at the point of re-marketing. If the new assessment methodology arrives before your next re-let, the fresh certificate may produce a different rating from the old one even with no change to the property. See our EPC expiry guide for the full picture.
Would this apply when I'm selling as well as letting?
Yes. The proposal covers marketing for sale and for letting alike. If you sell a rental property, a valid EPC would need to be lodged before the estate agent lists it.
Would this change what my letting agent needs to do?
Your agent already has an obligation to display the EPC energy efficiency rating in all advertisements. The proposal would additionally require agents to verify the EPC is lodged on the register before uploading a listing, not just display it once the listing is live. Both obligations carry the £200 penalty.
When would the grace period removal take effect?
It is part of the wider EPB regime overhaul targeted for October 2026, alongside the new multi-metric EPC format. The implementing regulations have not been laid, so October 2026 is the government's target and not a commencement date. Watch for the secondary legislation for the actual 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.