What are MEES Regulations?
Minimum Energy Efficiency Standard (MEES) Regulations came into force under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015. MEES regulations make it unlawful (without a temporary exemption) for landlords to let or continue letting a property that doesn’t meet minimum energy performance requirements.
Regulations apply to both residential and commercial rental properties in England and Wales
Some properties may qualify for temporary exemptions
Governing Legislation
Landlords are prohibited from granting or renewing a lease if the property has an EPC rating below ‘E’. Since April 2023, this requirement also applies to all existing leases. The government has indicated plans to tighten standards further, with proposed minimum EPC ratings of ‘C’ by 2027 and ‘B’ by 2030.
The Minimum Energy Efficiency Standards aim to tackle climate change and improve energy efficiency in buildings. These regulations affect both domestic and commercial properties, setting stricter requirements for property owners and landlords to reduce energy consumption and carbon emissions. The regulations form a critical component of the government’s commitment to achieving net-zero carbon emissions by 2050.
Why compliance is necessary
Letting a commercial property in breach of MEES (EPC F or G after 1 April 2023) can incur fines up to £50,000 for under 3 months or £150,000 for longer breaches.
The breach may be published on the PRS Exemptions Register, which can damage reputation.
Exemption Eligibility
- Seven-Year Payback– If improvement costs do not pay for themselves in energy savings over seven years.
- All Improvements Made – If all possible upgrades have been completed but the EPC rating remains below an E.
- Wall Insulation – If, where the relevant improvements relate to wall insulation, an independent surveyor confirms that the works are not technically feasible or would cause damage to the property.
- Consent Issues – If the landlord fails to obtain third-party consent (e.g. tenant, freeholder, planning authority) which is needed for the improvement works or such consent is given subject to conditions which the landlord cannot reasonably comply with.
- Devaluation – If an independent surveyor confirms that required works reduce the property’s value by 5% or more.
- Temporary Exemptions – A temporary six month exemption to allow time for compliance or registration of a full exemption, where a lease is renewed under the LTA 1954; for newly acquired properties subject to leases or where the lease has been granted pursuant to a contractual obligation.
Exemption from an EPC does not guarantee exemption from MEES. Seek our professional guidance before letting or selling your property.
Are you subject to MEES regulations?
Under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, listed buildings or those in conservation areas are not automatically exempt from having to meet MEES or obtain an EPC.
If compliance with MEES (i.e. meeting at least an EPC rating of E) would require alterations that would unacceptably change the building’s character or appearance, the property may be exempt from the relevant energy efficiency improvements.
Is your property required to comply with MEES obligations?
Is an epc required?
If an EPC is not legally required, for example, because works needed to assess or improve efficiency would harm the building’s historic fabric, then MEES do not apply.
Is an EPC legally obtainable?
If an EPC can be legally obtained without such harm, then the building must comply with MEES as required.
Register Exemptions
Landlords must register an exemption on the PRS Exemptions Register, including providing detailed evidence (e.g. from a conservation officer or planning authority, contractor or tenant).