TL;DR
- → What it is: the statutory instrument behind MEES (made 26 March 2015).
- → Current minimum: EPC Band E for commercial lettings in England and Wales.
- → The penalty: 10% or 20% of rateable value, capped at £150,000.
Statutory Instrument 2015 No. 962, formally The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, is the primary legislation behind MEES.
It establishes the Minimum Energy Efficiency Standards (MEES) regime. It sets the minimum EPC rating for commercial lettings. It defines enforcement powers for local weights and measures authorities. The penalty calculation sits in regulation 39.
Regulation 39 - penalty formula
Penalty calculation (rateable value basis)
- Breach under 3 months: 10% of rateable value (minimum £5,000, maximum £50,000).
- Breach of 3 months or more: 20% of rateable value (minimum £10,000, maximum £150,000).
CrowAgent always calculates penalties using this formula, never a flat £30,000 estimate.
Key facts
- Current minimum: EPC Band E (enforceable since 1 April 2018 for existing lettings).
- Proposed target: EPC Band C by April 2028, subject to legislative confirmation, not yet current law.
- Exemptions: regulations 24-35 (7-year payback, high cost, consent refused, devaluation, temporary).
- Enforcement: local weights and measures authorities.
- Exemptions register: PRS Exemptions Register, 5-year validity.
How CrowAgent uses this term
CrowAgent Core implements the regulation 39 formula exactly. Rateable value is pulled from the Valuation Office Agency (VOA) rating list. The EPC band comes from the MHCLG register. Penalty exposure is calculated per property and aggregated across portfolios. Short-breach and long-breach bands are surfaced separately.
Read more
MEES for commercial property, complete guide → - worked examples, exemption framework, and Band C 2028 planning.