Applying for MEES Exemptions As A Non-Domestic Landlord: A Guide For NDEAs

MEES, or Minimum Energy Efficiency Standards, are UK government regulations introduced in 2018 that require private rented properties to meet a minimum energy efficiency rating before they can be lawfully rented out. These standards are intended to support energy-efficiency goals by targeting the least energy-efficient properties. 

Under current MEES regulations, privately rented properties must have an Energy Performance Certificate (EPC) rating of E or above to be legally let. However, this minimum rating may increase in the future.

In some cases, properties may be deemed exempt from meeting MEES. There are several reasons that a property may be considered exempt, including:

• Property Devaluation Exemption: This exemption applies if improvements would lower the property’s value by more than 5%.
• Wall Insulation Exemption: The property may be exempt if the only appropriate upgrades are wall insulation (cavity, external, or internal).
• New Landlord Exemption: If you’re a new landlord, you might qualify for a temporary exemption under certain conditions.
• 7-Year Payback Exemption: The property may be exempt if the cost of improvements can’t be recovered through energy savings within seven years.
• All Improvements Made: This applies when you have completed all possible energy upgrades (or if no upgrades are possible) and the property still doesn’t meet standards.
• Third-Party Consent Exemption: This applies where needed approvals (like from tenants or planning authorities) are refused.

If you would like to apply for an exemption, the first step is to figure out what exemption category your building falls under. Take a look at the list above and see whether your property fits into any of those parameters. You can find a full list of exemptions on the government's PRS exemptions and Exemptions Register evidence requirements webpage. 

Once you have determined which type of exemption you fall into, you need to gather evidence to support your claim. Each type of exemption requires specific evidence. 

After you have collected the relevant evidence, you can submit your application using the Private Rented Sector (PRS) Exemptions Register which you can find at ' https://prsregister.beis.gov.uk/NdsBeisUi/failover-landing '.

The website will prompt you to provide the following information:

• Property address
• EPC rating
• Type of exemption you're applying for
• The relevant evidence to support your claim

After you have submitted your claim, you should receive a notification to let you know whether an exemption has been granted. Alternatively, they may request some further information. 

In most cases, the exemption is valid for five years. However, it is worth noting that the exemption is linked to the Landlord, not the property. Thus, if a new landlord comes in then they will need to reapply for the exemption.

Throughout the exemption time period, you must comply with all the conditions of the exemption. Keep all records (including evidence, correspondence, and documentation) as you go in case you need to refer to them in the future. 

As the time period runs out, you should reevaluate whether your property is still exempt, or if circumstances now allow for improvements. If you still feel that the building should be exempt, you will need to reapply.