An Energy Performance Certificate (EPC) is often used by buyers, sellers, landlords, tenants and investors when making important property decisions.
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But what happens if an EPC appears to be wrong?
Perhaps recent insulation improvements were not reflected in the assessment. Maybe a new heating system was overlooked. Or perhaps a property owner believes the EPC rating does not accurately reflect the property’s characteristics.
In some situations, an incorrect EPC can create practical, financial or compliance concerns.
This raises a common question:
Can you sue over an incorrect EPC rating?
The answer is potentially yes, depending on the circumstances. However, legal claims involving EPCs are often complex and highly fact-specific.
This article explains how EPC disputes can arise, what steps property owners should take first and when professional legal advice may be appropriate.
How Can EPC Ratings Be Incorrect?
EPC assessments are completed by accredited assessors using government-approved methodologies and software.
Although most assessments are completed professionally, disputes can sometimes arise due to:
- Missing supporting evidence.
- Incorrect property information.
- Data entry errors.
- Assessment assumptions required by the methodology.
- Recent improvements not reflected in the assessment.
- Misunderstandings regarding how EPCs are calculated.
It is important to remember that EPCs are produced using approved assessment conventions and are not bespoke engineering reports.
Can an Incorrect EPC Cause Financial Loss?
In some situations, property owners believe an EPC has contributed to financial consequences.
Examples may include:
- Property transactions being delayed.
- Refurbishment budgets being affected.
- Compliance planning issues.
- Difficulties demonstrating completed improvements.
- Disputes relating to property marketing information.
However, whether a financial loss exists and whether an EPC was responsible for that loss depends entirely on the facts of the individual case.
Who Is Responsible for an EPC?
An EPC is prepared by an accredited energy assessor who is responsible for conducting the assessment in accordance with the applicable methodology and accreditation requirements.
Assessors are typically members of approved accreditation schemes and are required to maintain appropriate professional standards.
Where concerns arise regarding an EPC, the first step is often to contact the assessor or their accreditation scheme.
Can You Take Legal Action?
In certain circumstances, legal action may be possible.
Potential legal issues can include:
- Professional negligence.
- Misrepresentation.
- Breach of professional obligations.
- Consumer protection concerns.
However, legal claims are highly fact-dependent and require professional legal advice.
Not every EPC disagreement will give rise to a legal claim.
What Should You Do If You Believe an EPC Is Wrong?
If you believe an EPC may be inaccurate, practical steps may include:
- Reviewing the certificate carefully.
- Checking the property details recorded.
- Gathering supporting documentation.
- Contacting the assessor.
- Contacting the assessor’s accreditation scheme.
- Seeking independent professional advice where appropriate.
Many concerns can be resolved through clarification, evidence review or reassessment.
Why Supporting Evidence Matters
One of the most common causes of EPC disputes is missing evidence.
Assessors can only record certain features where appropriate evidence is available.
Examples may include:
- Insulation certificates.
- Building Control approvals.
- FENSA certificates.
- Boiler installation records.
- MCS certificates.
- Manufacturer specifications.
Where suitable evidence exists, qualifying features may be reflected in accordance with assessment methodologies and conventions. For a detailed breakdown, see our guide to what evidence can improve EPC accuracy.
How a Draft EPC Review Can Help
Many EPC disputes arise after a certificate has already been lodged on the national register.
A Draft EPC review can help property owners identify potential concerns before the final certificate is lodged.
EPCRATE’s Draft EPC service allows property owners to:
- Review assessment outcomes.
- Check supporting evidence.
- Identify missing documentation.
- Discuss potential queries before lodgement.
- Better understand the property’s current position.
This can help reduce misunderstandings and support more informed decision-making.
However, a Draft EPC review does not guarantee a particular EPC rating, compliance outcome or future assessment result.
Can Buyers and Investors Rely Solely on an EPC?
No.
An EPC should be viewed as one source of information when evaluating a property.
Buyers, investors and landlords should also consider:
- Property surveys.
- Building condition reports.
- Legal due diligence.
- Planning documentation.
- Supporting certificates and records.
An EPC is an important document, but it should not be the sole basis for a property decision.
Avoiding EPC Disputes
Many EPC-related disputes can be reduced through preparation.
Property owners should:
- Retain improvement records.
- Keep certificates organised.
- Provide supporting evidence during assessments.
- Review Draft EPCs where available.
- Raise concerns promptly.
Good record keeping can help ensure relevant property information is available during future assessments.
Why Choose EPCRATE?
- Founded in 2015 by Jino Jose.
- DEA Accredited.
- ★★★★★ Trustpilot Reviews.
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- Coverage across all London boroughs.
- Draft EPC Review Service available.
- Domestic and Commercial EPC specialists.
- Greater London Energy Efficiency Awards – Commended 2024.
- Greater London Energy Efficiency Awards – Highly Commended 2025.
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Frequently Asked Questions
Can I challenge an EPC rating?⌄
Yes. Property owners can raise concerns with the assessor and their accreditation scheme where appropriate.
Can an EPC be corrected?⌄
Where errors are identified and supported by evidence, corrections or reassessments may be possible depending on the circumstances.
Who is responsible for EPC accuracy?⌄
The accredited assessor who produced the certificate is responsible for carrying out the assessment in accordance with the relevant methodology and professional requirements.
Can a Draft EPC help prevent disputes?⌄
Many property owners use Draft EPC reviews to identify missing evidence and review outcomes before a certificate is lodged.
Should I seek legal advice?⌄
If you believe you have suffered significant financial loss due to an EPC-related issue, you should seek advice from a qualified legal professional.
This article is provided for general information only and does not constitute legal advice. For advice relating to a specific dispute, consult a qualified solicitor or legal professional.
Written by Jino Jose
DEA Accredited Energy Assessor · EPCRATE, London · Founded 2015
Jino Jose is the founder of EPCRATE and an accredited Domestic Energy Assessor (DEA). He has carried out thousands of EPC assessments across all 32 London boroughs since 2015, with NDEA-accredited assessors at EPCRATE covering commercial properties.
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