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Exclusion from the rental market, mandatory audits... As restrictions increase for owners of energy-inefficient properties, fraudulent EPCs are becoming more common. How can you detect a fake diagnosis, and what are your options?
Since the implementation of the Climate and Resilience Law, the importance of the Energy Performance Certificate (EPC) has greatly increased. The most energy-inefficient properties (G+) have been excluded from the rental market since January 2023, with G-rated homes following in 2025. F-rated properties will be phased out in 2028, and E-rated ones in 2034.
Additionally, an energy audit has become mandatory for these energy-inefficient properties, which also face devaluation in the market. In this context, EPC fraud appears to be on the rise. This is what our colleagues at Le Parisien observed in their investigation of this pressing issue.
The regional newspaper shares the experiences of owners of energy-inefficient properties who are unable to make the necessary energy renovations before the crucial date of January 1, 2025... and thus opt for fake EPCs to continue renting out their properties. “I got a fake EPC and rent my studio directly to friends of friends who know about the energy situation and won’t file a complaint,” says a Parisian property owner to Le Parisien.
According to the FNAIM's Chamber of Real Estate Diagnostics, fraudulent EPCs remain marginal.
With the apparent increase in "fake EPCs," how can you detect them when searching for a property to rent or buy? In reality, there are several ways to distinguish a fraudulent EPC from one that follows the proper procedures.
First, check the validity of the EPC. While EPCs issued since July 1, 2021, are valid for 10 years, those conducted between January 1, 2013, and December 31, 2017, have not been valid since January 1, 2023. Diagnostics performed between January 1, 2018, and June 30, 2021, will no longer be valid after December 31, 2024.
Next, if the EPC date seems valid, ensure that the diagnostician is affiliated with a certifying organization. Their identification number should be listed on the EPC. If this number is missing, the EPC is not valid. You can also verify the validity of the diagnostician’s certificate on the official directory of real estate diagnosticians. Additionally, make sure your EPC is referenced on ADEME’s website.
Furthermore, several elements must be included in the EPC (property characteristics, energy consumption for each type of equipment, estimated energy costs, etc.). If any of these elements are missing, the EPC is not valid.
If, after moving into your apartment or house, you find that the energy consumption does not match what is stated in the EPC, you can challenge it. The EPC is now legally binding for 10 years. Whether you are a tenant or an owner, you can take action against the diagnostician if you believe the EPC is incorrect.
The diagnostician is liable for an erroneous EPC, unless the mistake was due to the owner, landlord, or seller intentionally providing false information about the property or its equipment.
You can file a claim in court to seek damages or request the annulment of the lease or sale. However, legal proceedings may take several years. You will need to provide evidence that the EPC is incorrect, which generally requires conducting a new diagnostic to compare results.
The diagnostician must have insurance to cover the consequences of any liability claims.
Source : edito.seloger.com
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