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VIEW ALLCentral to this discourse is a cornerstone of UK legislation - The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 (SI 2015/962), known as the "MEES Regulations" as required by the Energy Act 2011, intended to improve the energy efficiency of both residential and commercial private rented property.
On 20 September 2023, the then Prime Minister, Rishi Sunak, announced key changes to environmental targets previously set by the Government. Following this announcement, the future direction for the regulation of minimum standards has been a topic of intense speculation. The Government's 2020 white paper had proposed lifting the minimum energy efficiency standard for non-domestic privately-rented property to ‘B’ by 2030, and a 2021 consultation proposed an interim milestone of ‘C’ by 2027. It remains to be seen what target dates the new Government may set.
Within this regulatory framework, the potential target for retrofitting buildings to achieve a minimum B rating by 2030 looms large, casting a long shadow over the built environment. This momentum to move the benchmark upwards serves as a call to action, compelling property owners and stakeholders to embark on a journey of energy efficiency and sustainability. Approximately 100 million square feet of London’s office stock is at risk of non-compliance with MEES, with a further 70 million square feet currently below the proposed 2030 threshold for rented offices. In the wider commercial sector, £8 billion in rent and 423 million square feet of space failing to meet EPC B leaves large swathes of secondary regional markets untenable, so the national ramifications are far-reaching.
More recently, the government has indicated a potential review of the regulations and timelines to ensure fairness for both landlords and tenants. With increasing commercial floor space needing EPC renewal within the next 12 months, there is mounting anticipation surrounding the government’s decisions. The Department for Energy Security and Net Zero has confirmed its intention to revisit the EPC standards. However, with less than a third of commercial space currently meeting this target, many in the industry are calling for clearer guidance and a more realistic timeline for compliance. Certainty and clarity on what is needed could actually accelerate the pace of retrofitting as it provides clearer direction.
Calls have also emerged for the government to take a broader view, considering not just the EPC targets, but also the state of national grid infrastructure, the legal framework, and whether EPCs are the most effective tool to push the built environment toward net zero.
The imperative for retrofitting extends beyond regulatory compliance. It speaks to a deeper economic reality, with changing market dynamics and evolving consumer preferences. Traditional buildings that are not fit for purpose risk becoming obsolete relics of a bygone era. Retrofitting offers a lifeline and an alternative to the prime offering, a chance to breathe new life into these structures, unlocking their latent potential and ensuring their relevance in an ever-changing landscape.
Recent seismic shifts in office occupancy levels, precipitated by the global pandemic, have reshaped the commercial real estate landscape. Occupier demand for secondary quality offices has fallen considerably, with annual take-up for these offices dropping by approximately one-third since the COVID-19 pandemic. We are acutely aware of the legal ramifications of this paradigm shift, from lease agreements that are flexible to allow for modernisation of services, compliance with green covenants, and the effect on property valuations. Retrofitting offers a clear pathway forward, providing a means to adapt and repurpose existing structures to meet the evolving needs of a dynamic workforce.
The retrofitting of offices is gaining momentum, as evidenced by the City of London Corporation approving a record number of retrofitting applications last year, accounting for half of all such applications across London. The costs associated with comprehensive retrofitting strategies are estimated to be between £70 and £110 per square foot, yet the potential benefits, including rental and sales premiums for sustainable and well-certified buildings, are significant. Sustainable offices with strong environmental accreditations can command a rental premium for BREEAM 'Outstanding' certifications compared to uncertified offices.
In addition to retrofitting, repurposing office spaces into alternative uses such as hotels, residential units, or student accommodation presents a viable solution to the obsolescence challenge. London, being a major tourist destination, has seen numerous office-to-hotel conversions, while the demand for housing and student accommodation remains high.
In conclusion, the drive for retrofitting buildings in the UK transcends mere regulatory compliance—it is imperative that we create a future defined by sustainability and resilience. Through retrofitting and repurposing, we can reshape our cities and redefine our legacy for generations to come.
Figures and data used for this piece are from the following sources:
Knight Frank - Insight 6: Retrofit or repurpose?
Estates Gazette - ‘We just need certainty’: industry calls for clarity on EPC rules
Estates Gazette - Government moots EPC rule relaxation
Our lawyers are experts in their fields. Through commentary and analysis, we give you insights into the pressures impacting business today.
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