EPC on house I just purchased wrong: can I sue?

[Janey1967]

Hi all!

I have just purchased a new house - I didn't have a survey done, but am happy with the house generally. BUT, I did rely on the EPC for certain facts - mainly the fact that this house was of cavity wall construction with insulation. However, I have discovered whilst freezing my bum off that it is solid brick with no cavity - so absolutely freezing! I would have never purchased if I'd know that and relied on the EPC!

What can I do? Would a complaint actually work? Any help appreciated.

[echat11]

Hi JANEY1967

Welcome to LB

Lodge a complaint with the estate agents, follow their complaints procedure.

The assessor who carried out the EPC is ultimately responsible for the 'error'. 'The Energy Assessor has a duty of care under the EPB Regulations, both to the seller or prospective buyer, to carry out an energy assessment on a building with reasonable care and skill. If an Energy Assessor is proven to have been in breach of his duty under the EPB Regulations or negligent in any other way, this is a matter that can be taken up in the first instance with the accreditation scheme before any recourse to an action in civil law. Energy Assessors will have professional indemnity cover against the eventuality that any person to whom they have a duty may suffer loss as a result of their actions.'

The EPC you have is 'invalid' as it contains incorrect information. It's not a 'minor error'.

[atticus]

The EPC may well not be a contractual document as between yourself and the seller of the house. In that case, you may find that you have on your hands a complicated negligence claim against whoever prepared the EPC. There would be a lot of work to be done just to assess whether you would have a viable claim.

[Janey1967]

Hi, thank you both for the information - it has given me a lot to think about.

Janey x