Current non-domestic MEES duties in England and Wales, including the E minimum, seven-year payback test, exemptions and enforcement. This guide is written for practical decision-making and links to the sources used for verification.
The current minimum is EPC E
Since 1 April 2018, relevant non-domestic landlords have generally been unable to grant, renew or extend a tenancy for an F- or G-rated property without a valid registered exemption. Since 1 April 2023, the prohibition has applied to continuing relevant lettings as well.
The regulations apply to non-domestic rented properties that are legally required to have an EPC and fall within the relevant tenancy rules. A vacant building not currently being let may not require improvement until the landlord intends to let it again.
Cost-effectiveness and exemptions
Non-domestic MEES uses a seven-year payback test for relevant improvement measures. If expected bill savings over seven years are less than the installation cost under the prescribed calculation, the measure may support an exemption.
Other routes can involve third-party consent, devaluation and temporary circumstances. An exemption must be registered with supporting evidence before it can be relied upon and may not transfer to a new owner.
- Verify the current EPC and whether the property is in scope
- Review the recommendation report
- Obtain compliant cost and savings evidence
- Register any valid exemption before relying on it
- Retain leases, EPCs, invoices and technical reports
Avoid treating proposals as current law
Government has consulted on future non-domestic standards, but compliance decisions should use the legislation and official guidance in force on the relevant date. Do not advertise a proposed future band as though it already applies to every building.
Local Weights and Measures Authorities enforce the rules and can issue compliance notices and financial penalties. For complex leases or exemptions, take specialist legal and energy advice.
Research and verification
Authoritative sources
Use these primary and specialist sources to check the current rule and read further.
Requirements can change and unusual properties may need specialist advice. Check the latest official source and the facts of the property before relying on a compliance conclusion.
