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Friday, 16 March 2012

Q. Are there any rules governing estate agents’ boards and the way they are used?

A. There are indeed – courtesy of the snappily-titled Town and Country Planning (Control of Advertisements) (England) Regulations 2007! These lay down pretty stringent requirements with regard to things like size, content, and location. And while provision is made for a degree of local flexibility - in some conservation areas, for example, boards may require specific planning permission or even be banned altogether – those requirements basically apply pretty much everywhere.

In essence, the rules are founded on the principle that the primary function of a board is to advertise the property, not the agent. So, for instance, boards are only supposed to indicate that a property is for sale or that it is sold, subject to contract – on the entirely logical basis that once money has actually changed and the property concerned has a new owner, there is no longer a valid reason to advertise it at all! For the same reason, all boards must be removed within 14 days of completion.

Instead of “Sold, Subject to Contract” (or “STC”), some agents prefer to use the phrase “Sale Agreed” or even “Under Offer,” which basically mean the same thing.

In terms of size, boards must not exceed 0.5 square metres in area, and only one is permitted for each property (or two, if they are fitted back-to-back on a single pole). This applies even where the seller chooses to instruct several different agents - in which case, the first board to be erected is generally regarded as the legal one. Any seller permitting more than one board could be liable for a fine, along with the firms concerned.

The only real exception to the “one board” rule are blocks of flats, where a number of different agents may legitimately be involved in selling separate properties.

Finally, on the issue of location, agents’ boards are required to be wholly within the boundaries of the property concerned. Where this is impossible (for example, in the case of a terraced house fronting directly onto the street), then the board may be attached to the building itself, as long as it is not more than 4.6 metres above ground level, and does not project from the face of the building by more than 1 metre.

Tuesday, 6 March 2012

Q. What is happening with Energy Performance Certificates?

A. You may well ask! Changes to the rules governing EPCs were supposed to be implemented last July, and then in October. Both dates came and went without any sign of the changes happening – and with precious little explanation of what (if anything) was going on.

Currently, a new version of the EPC, and new rules governing their use, are meant to come into force on 6th April – Good Friday. However, at the time of writing, with only some 5 weeks left to go, the whole thing still seems to be up in the air. Detailed guidance from CLG (the Department of Communities and Local Government) is promised well in advance of the date, but there are currently no clues as to what that guidance might be. It is even rumoured that the new version of the EPC hasn’t even been approved yet!

In practical terms, this is probably more of a worry for us estate agents than it is for the general public, since one of the proposed changes is that in the case of sales, we will become legally responsible for EPCs, and face censure and even have to pay fines if the new rules governing their production and use are broken - yet we are almost completely in the dark about what’s going on!

Ultimately, however, the really big question is whether any of these changes will make EPCs more useful than they have so far proved – and on this, I suppose the fairest thing to say is that the jury is still well and truly out. The official line, of course, is that anything which increases awareness of the energy efficiency and environmental impact of a property has got to be a good idea. But so far, there is precious little evidence to suggest that buyers actually care very much. After all, there is a lot more to choosing a home than the cost of heating it. Very few buyers are showing signs of rejecting properties that they like and can afford, simply because they have a “G” energy rating.

Of course, this may change as we all become – or are forced to become – greener. However, that day is still a long way off.