Terms and conditions for an energy assessor

An energy assessor produces a certificate by a prescribed method, from the evidence available, often for a client who wanted a better rating. The terms have to say what an EPC is and is not, that the assessment follows that methodology on the evidence available, what the client must provide, and that the certificate is lodged and cannot be adjusted to suit the client. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Domestic and non-domestic energy assessors and energy consultancies in England and Wales producing energy performance certificates, recommendation reports and related assessments for owners, landlords, agents and developers. These are business-client terms, with a short consumer section for homeowners.

What matters in energy assessor terms

What an EPC is and is not

Under the Energy Performance of Buildings (England and Wales) Regulations 2012 an energy performance certificate is required when a building is built, sold or let, must be produced by an accredited assessor and is lodged on the national register. The terms should say that the certificate is a rating produced by the prescribed methodology, not a survey, a valuation or a statement of the building's condition, and that the assessor cannot alter the rating beyond what the methodology and the evidence produce.

Methodology, evidence and assumptions

The rating depends on what the assessor can see and verify, and the terms should say that where insulation, heating systems or construction cannot be evidenced, the methodology's default assumptions are used, that the client may improve the rating by providing documentary evidence before the assessment, and that the assessor records the basis of each entry. A client who produces the boiler manual after lodgement is asking for a new assessment. Landlords have a particular interest in the rating because the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 set the minimum rating at which a property may be let, and the terms should say that the assessor reports the rating the evidence supports whatever the letting consequences.

Access, information and the client's part

The terms should require the client to give access to all parts of the property, including lofts and plant rooms, to provide documentation for improvements, and to confirm the property's details and use, and should say that a failed visit caused by the client is chargeable. For non-domestic assessments the terms should say what information about the building's systems and zones the client must supply and how the assessment level is determined.

Accreditation, lodgement and audit

The assessor works under an accreditation scheme whose rules govern the assessment, quality assurance and audit, and the terms should say that the scheme's rules apply, that certificates are lodged on the register and cannot be withheld or withdrawn for a client's convenience, and that the assessor may be required to provide evidence to the scheme. Complaints are handled first by the assessor and then through the scheme.

Fees, liability and consumers

Fees are per assessment, payable on booking or on lodgement, with interest and fixed compensation on late payment by business clients under the Late Payment of Commercial Debts (Interest) Act 1998. Liability should be capped at the fee for the assessment, with consequential loss and any effect on a sale or letting excluded, tested for reasonableness under the Unfair Contract Terms Act 1977 and not applied against a consumer's statutory rights. A homeowner who books by phone or online has a cancellation right under regulation 29 of the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 until the assessment is carried out at their express request.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

The client says the rating is wrong because the loft is insulated. Can we change it?

Only by a further assessment on evidence, because the certificate is lodged and the methodology decides the rating. If the client can now evidence the insulation, the terms should provide for a reassessment at a stated fee.

A buyer is complaining that the EPC did not mention damp. Are we liable?

An EPC is not a condition survey, and the terms should say so. The rating and recommendations are what the certificate provides; the buyer's complaint is about something the certificate never addressed.

The landlord wants us to hold off lodging until they have done some work. Can we?

The terms should say that the assessment reflects the property as assessed and is lodged in accordance with the scheme's rules. If the landlord wants the works reflected, the assessment should be booked after the works are done.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a fire risk assessor
• Terms and conditions for a property inventory clerk

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.