Landlords could go to prison if they don’t meet new energy rules

The government is considering imposing prison sentences on landlords and property owners who do not comply with stringent new energy efficiency regulations – a move that has infuriated some MPs.

In a bid to meet its net-zero targets, ministers want the authority to establish fresh criminal offences and escalate civil penalties.

Under the proposed rules, anyone who doesn’t comply with energy consumption regulations could potentially face up to one year in prison and fines of up to £15,000.

That means a landlord who doesn’t fit a heat pump to a property to meet tighter energy rules could, potentially, be facing a prison sentence.

However, Tory backbenchers have expressed concerns over the plans which passed their third reading this week, fearing that they might lead to the criminalisation of homeowners, landlords and businesses.

Proposals are part of the government’s Energy Bill

These contentious proposals are part of the government’s Energy Bill, and it includes provisions for ‘the creation of criminal offences’ for those who fail to comply with energy performance regulations.

A property owner could also face prosecution for providing false information about energy efficiency or obstructing enforcement authorities.

The Energy Bill will replace and strengthen regulations for Energy Performance Certificates (EPCs), which were previously based on now-repealed EU law.

EPCs are mandatory whenever a property is sold or rented out.

However, the Energy Bill makes clear that inspectors will have the powers to order a landlord or homeowner to carry out improvements and stop the property from being sold until the improvement work is carried out.

Those improvements could include the fitting of heat pumps, double glazing, loft insulation and smart appliances.

Necessary to amend existing criminal offences

Government officials argue that these expanded powers are necessary to amend existing criminal offences within the current regulatory framework.

Ministers are giving themselves the authority to revamp and enforce the system, with consultations to determine the specific changes still to come.

But that creation of power has created alarm among Tory MPs who fear handing Ministers the ability to create a new offence with little Parliamentary scrutiny.

Craig Mackinlay leads the Net Zero Scrutiny Group, and he has tabled an amendment to remove the ‘open-ended and limitless’ powers from the legislation.

He told The Telegraph: “The Bill is festooned with new criminal offences. This is just unholy, frankly, that you could be creating criminal offences.

“The ones we’ve found most offensive are where a business owner could face a year in prison for not having the right energy performance certificate or type of building certification.”

Use of statutory instruments to create new offences

Sir Jacob Rees-Mogg, a former energy secretary, told the newspaper that the proposed use of statutory instruments to create new offences was unacceptable.

He said: “Criminal offences are an exceptional use of the state’s power and therefore require the fullest constitutional scrutiny.

“The whole Bill is about piling costs onto consumers. It’s as if Uxbridge and the vote against Ulez had never taken place.”

MPs fear that the new statutory powers for Ministers might simply be ‘nodded through’ without Commons approval.

‘No plans to create new criminal offences’

A government spokesman told The Telegraph: “We have no plans to create new criminal offences, and any suggestion otherwise is untrue.

“Energy certificate legislation originated in EU laws, and our amendments ensure landlords, businesses and tenants are provided with the information they need to make their own decisions on energy efficiency in their buildings.”

The Department for Energy Security and Net Zero declined to comment.

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