If your freeholder, lender, or planning authority has refused to allow the energy efficiency improvements your property needs, you are not automatically in breach of MEES. A third-party consent exemption exists specifically for this situation. You must register it, and it lasts five years — after which you must try again.
What Is the Third-Party Consent EPC Exemption?
The third-party consent exemption is one of the recognised exceptions under the Minimum Energy Efficiency Standards (MEES) regulations. It applies when a landlord cannot carry out the required energy efficiency improvements because a third party has refused consent, or granted consent only with conditions the landlord cannot reasonably meet.
According to GOV.UK guidance (updated 5 May 2026), the third parties covered include:
- The freeholder or superior landlord (for leasehold properties)
- A mortgage lender whose conditions restrict the works
- A planning or conservation authority (listed building, conservation area)
- The current tenant, where their agreement is legally required
The exemption applies to the specific blocked measures — not to the property's EPC rating as a whole. If only external wall insulation requires freeholder consent and the freeholder refuses it, that measure is exempt. Other improvements the landlord can carry out independently remain required.
EPCGuide's analysis of 27.6 million EPC certificates covering 19.7 million homes shows that 49.6% of all homes in England and Wales currently sit below EPC C. For leasehold landlords — who often have the least control over their building's structure — the path to compliance frequently runs through a freeholder's permission.
For a full list of available exemptions and how they interact, see our complete guide to EPC exemptions for landlords.
Scenario 1: Your Freeholder Refuses Consent
This is the most common situation for leasehold flat owners. Works like external wall insulation, replacing shared heating systems, or adding roof insulation in a communal roof void typically require freeholder or managing agent approval.
What "refused" means in practice: The freeholder actively declines your written request, or grants approval only with conditions you cannot reasonably meet. A freeholder insisting you fund works across every flat in the building as a condition of improving yours would likely qualify.
What to do:
- Write a formal letter to the freeholder (or managing agent) identifying the specific measure required, your legal obligation under MEES, and requesting written consent.
- Keep copies of all correspondence, including any delay or non-response beyond a reasonable period (typically 6 to 8 weeks).
- If the freeholder is unresponsive, seek advice from the Leasehold Advisory Service, which provides free guidance and can help you understand your lease terms.
- If the freeholder refuses or continues to ignore you, register the exemption with the correspondence as evidence.
For more on what leasehold landlords specifically need to do to upgrade a flat, see EPC compliance for leasehold flats.
Scenario 2: Your Mortgage Lender Blocks the Works
Buy-to-let mortgage conditions occasionally prohibit structural alterations without lender consent. Solid wall insulation, air source heat pumps attached to the building envelope, or solar panels on a mortgaged roof can all require lender approval.
Most lenders will grant consent for standard energy improvements when asked formally. The blocking scenario arises where:
- The lender refuses outright (rare but documented in older mortgage products)
- The lender grants consent subject to conditions that are not commercially viable, such as a full structural survey at the landlord's cost before any works begin
- The lender does not respond within a reasonable period after repeated written requests
Evidence to gather: Written correspondence with the lender, the mortgage agreement clause that requires consent, and the lender's response or documented non-response after repeated attempts.
Scenario 3: Planning or Conservation Authority Refusal
External improvements on listed buildings or properties in conservation areas often require planning permission. If planning is refused, the measure becomes exempt under MEES — but only that measure.
For listed buildings specifically, a separate "high cost" exemption may also apply if all legally permissible improvements would cost more than £10,000 and still not bring the property to EPC C. See our guide to the MEES cost cap and high cost exemption for full details.
What Evidence Do You Need?
GOV.UK specifies the evidence required for registration:
"A copy of any correspondence and/or relevant documentation demonstrating that consent for a relevant energy efficiency measure was required and sought, and that this consent was refused, or was granted subject to a condition that the landlord was not reasonably able to comply with."
In practice: emails, letters, or messages showing you asked for consent, and the response (or documented non-response). There is no prescribed format. Keep originals and upload copies when registering.
If the blockage is a lease clause or mortgage term rather than an explicit refusal, include a copy of the relevant section of the legal document alongside any correspondence.
How Long Does the Exemption Last?
The standard third-party consent exemption runs for five years from the date of registration on the PRS Exemptions Register. After five years, you must reassess. If consent is still unavailable, you can re-register with fresh evidence.
One exception: if the blocked measure requires the current tenant's consent and the tenant refuses, the exemption only runs until that tenant leaves. A new tenancy means you must try again.
How to Register the Exemption
Registration is through the PRS Exemptions Register, managed by the government. You need:
- Property address and EPC details
- Your contact details as the landlord
- The exemption type (select "third party consent")
- Supporting evidence as described above
Registration is free and takes around 15 to 30 minutes online. The exemption appears on the public register and protects you from enforcement action for the duration. For a step-by-step walkthrough of the registration process, see how to apply for an EPC exemption.
One point landlords frequently miss: You must register the exemption before the property is let (or before the relevant MEES compliance date). Registering after an enforcement notice has been issued will not retrospectively cover the period of non-compliance.
Want the exact route from your current EPC band to C for your specific property, including which improvements require freeholder consent and which you can carry out independently? Get your costed EPC C Action Plan (£29). In your inbox within the hour, then refined by a real person over the next 48. Start your action plan.
What This Means for Landlords
The third-party consent exemption is not a mechanism for avoiding EPC compliance indefinitely. It is a structured protection for situations where the landlord has made a genuine attempt to improve the property and been blocked by a party with legal authority over the works.
The MEES framework expects landlords to try to obtain consent in writing, document the attempt and outcome, register the exemption promptly, and retry every five years (or on tenant change for tenant-consent scenarios).
For leasehold landlords, the more important strategic question is which improvements actually require freeholder permission under your specific lease. Many landlords assume they need approval for works that fall within their permitted alterations. Read your lease carefully, or take advice, before assuming the exemption applies.
Frequently Asked Questions
What if my freeholder ignores my request entirely? Non-response counts as effective refusal. Document your attempts by sending the request by email and recorded post, allow a reasonable period (6 to 8 weeks), and if there is no response, proceed to register the exemption with your correspondence as evidence.
Can I register the exemption myself, or do I need a solicitor? You can register directly on the PRS Exemptions Register without a solicitor. The online form guides you through the evidence upload. Solicitor advice is useful if you are considering escalating a freeholder dispute through the leasehold tribunal, but registration itself does not require legal representation.
Does the exemption cover my whole EPC rating or just the blocked measure? Only the specific blocked measure. If external wall insulation requires freeholder consent and the freeholder refuses, that measure is exempt. You are still required to carry out any other improvements that would improve your EPC rating and that do not require third-party consent.
What happens at the end of the five years? You must reassess. If consent is still unavailable, you may re-register with new evidence. If the freeholder has since sold the building or your lease terms have changed, you may be able to proceed with the improvements instead.
Can a lender refuse and then change its mind? Yes. If a lender refuses consent and you register the exemption, but the lender later agrees (for example after you remortgage to a more flexible product), the exemption no longer applies to that measure and you should carry out the improvement. You are not penalised for having registered the exemption in good faith.
Is this different from the high cost exemption? Yes. The high cost exemption applies when all cost-effective improvements have been made but the property still cannot reach EPC C, subject to the £10,000 cost cap. The third-party consent exemption applies when you cannot carry out a measure at all because a third party blocks it. Both can apply to the same property for different measures.