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In recent years, legal developments involving non domestic or commercial properties have now resulted in additional requirements being put in place for care operators which may affect a prospective sale of a care property.
Commercial Energy Performance Certificate (CEPC)
Commercial Energy Performance Certificates are now required for all commercial properties over 50m2 (around 500 square feet). There are very few exceptions; these include a situation were a limited company is being sold, rather than an asset sale.
There is an obligation to provide a CEPC when the viewing of a property occurs, if not earlier. An agent cannot, under the terms of the Regulations, arrange a viewing unless the person viewing can see a copy of the CEPC at or before the time of viewing. A current Commercial Energy Performance Certificate should be obtained prior to marketing and must be available to parties wishing to view.
Ideally, a CEPC should be commissioned before a property is put on the market. The relevant person must use all reasonable efforts to obtain one within 7 days. If after that 7 day period a CEPC has not been secured the relevant person may be allowed a further 7 days to do so.
Failure to comply with the CEPC requirements when selling or renting a commercial property may result in a financial penalty. The changes to having to obtain a CEPC within 7 days of marketing came into effect on 1st July 2011, with further changes to these regulations due to come into force on 6th April 2012.
Please ensure you confirm to us as your agent when your assessment is scheduled to be undertaken and please provide us with a copy of your certificate - or its 20-digit reference number - upon receipt.
Asbestos Management
The law dated May 2004 states that the Health & Safety Executive requires all non domestic properties to hold a current Asbestos Management Register on site. Asbestos was not fully banned until 1999 as a building material; therefore it is best practice for all buildings to have a survey.
If your property was built or refurbished before 2000, there is a strong possibility that materials containing asbestos could be present.
Once the sale of a care home is agreed, an Asbestos Survey Report will be required for the legal due diligence process.
Should you be considering a disposal of your care business and have any queries or require any further information, please do not hesitate to contact us. Or let us know if you would like us to arrange for a CEPC or Asbestos Survey on your behalf. In recent years, legal developments involving non domestic or commercial properties have now resulted in additional requirements being put in place for care operators which may affect a prospective sale of a care property.
Commercial Energy Performance Certificate (CEPC)
Commercial Energy Performance Certificates are now required for all commercial properties over 50m2 (around 500 square feet). There are very few exceptions; these include a situation were a limited company is being sold, rather than an asset sale.
There is an obligation to provide a CEPC when the viewing of a property occurs, if not earlier. An agent cannot, under the terms of the Regulations, arrange a viewing unless the person viewing can see a copy of the CEPC at or before the time of viewing. A current Commercial Energy Performance Certificate should be obtained prior to marketing and must be available to parties wishing to view.
Ideally, a CEPC should be commissioned before a property is put on the market. The relevant person must use all reasonable efforts to obtain one within 7 days. If after that 7 day period a CEPC has not been secured the relevant person may be allowed a further 7 days to do so.
Failure to comply with the CEPC requirements when selling or renting a commercial property may result in a financial penalty. The changes to having to obtain a CEPC within 7 days of marketing came into effect on 1st July 2011, with further changes to these regulations due to come into force on 6th April 2012.
Please ensure you confirm to us as your agent when your assessment is scheduled to be undertaken and please provide us with a copy of your certificate - or its 20-digit reference number - upon receipt.
Asbestos Management
The law dated May 2004 states that the Health & Safety Executive requires all non domestic properties to hold a current Asbestos Management Register on site. Asbestos was not fully banned until 1999 as a building material; therefore it is best practice for all buildings to have a survey.
If your property was built or refurbished before 2000, there is a strong possibility that materials containing asbestos could be present.
Once the sale of a care home is agreed, an Asbestos Survey Report will be required for the legal due diligence process.
Should you be considering a disposal of your care business and have any queries or require any further information, please do not hesitate to contact us. Or let us know if you would like us to arrange for a CEPC or Asbestos Survey on your behalf. | |
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