Concept’s guide to the Minimum Energy Efficiency Standards (MEES) Regulations
Learn more about the MEES energy efficiency regulations covering non-domestic private rented properties.
Who should read this guide?
Landlords of non-domestic private rented properties in England and Wales, including public sector landlords.
MEES regulations in a nutshell
Since 1 April 2018, landlords of non-domestic private rented properties in England and Wales, including public sector landlords, may not grant a tenancy to new or existing tenants if their property has an EPC rating of band F or G.
Since 1 April 2023, the same rule has applied to ALL existing leases.
According to a June 2026 government update, the MEES are set to tighten further, for large privately rented buildings, to EPC B by 2031.
In summary:
- All non-domestic privately-rented buildings must currently achieve a minimum EPC rating of E.
- In 2031 the rules will strengthen to EPC B for buildings over 1,000 square metres. (Properties under this size will still be required to achieve EPC E.)
Why MEES?
MEES derives from the Energy Act of 2011 and the Energy Efficiency (Private Rented Property) (England and Wales) Regulations, made on 26 March 2015.
The Act, and its subsequent regulations, are designed to improve the energy efficiency of the built environment. The government has identified the built environment as a major contributor to greenhouse gas emissions and therefore a major threat to the UK meeting its net zero targets.
MEES is designed to improve the energy of older building stock, usually those built before 2006.
What are the options for landlords?
If you are a landlord of a non-domestic private rented property then you have two choices:
- Implement energy efficiency improvements to bring the building to E rating (minimum), or a B rating for large buildings in line with upcoming regulation changes.
- Claim an exemption – more details on valid exemption reasons are further down this guide.
Improving the rating for your building
If your current EPC rates your building below the minimum standard then there are a number of actions you can take in order to improve energy efficiency.
These might include:
- Upgrade of heating or cooling systems (new plant and control) if your system is more than 15 years old.
- Upgrade of air handling systems (new plant and control) if your system is more than 15 years old.
- Lighting upgrade – LEDs.
- Sub metering.
- Replacement fenestration.
- Additional Low or Zero Carbon (LZC) installation, providing this results in a 10%+ contribution to your energy requirement and passes the “seven-year test”.
Seven-Year Payback Test
Measures to improve the rating of a property should pass the Seven-Year Payback Test, which is that the expected value of savings over a period of seven years should be equal to, or greater than, the cost of implementation.
The saving value must be calculated using an “approved methodology” (e.g. EPC software) and based on “relevant” energy prices; the cost of implementation should be calculated including labour and equipment costs, plus interest.
Claiming an exemption
Circumstances where MEES is not applicable
There are a number of circumstances where you can claim an exemption from MEES. These are:
- The seven-year payback test: As explained above, measures required to improve the rating of a property should be projected to pay for themselves in seven years or less.
- New landlord temporary exemption: This is generally available for 6 months in specific circumstances.
- Property devaluation exemption: you will ned a RICS surveyor report that proves energy efficiency measures would reduce the market value by more than 5%.
- Third-party consent exemption: Energy efficiency measures often require third-party consent – e.g. from tenants, a superior landlord, local authority or mortgage lenders. You can seek MEES exemption if you can prove that third-party consent was requested and refused, or was granted with a condition that cannot reasonably be met.
- Wall insulation exemption: There is a special provision for circumstances in which cavity wall insulation, external wall insulation systems, and internal wall insulation systems should not be installed.
- All improvements made: Where you can show you have made all ‘relevant energy efficiency improvements’ (or there are none that can be made), and the property remains below the EPC level required.
Landlords can apply for exemption via the “PRS Exemptions Register”.
PRS Exemptions Register
Exemptions are self-certified, with auditing of exemptions by enforcement authorities.
When lodging an exemption, you will need to provide certain information, including a recognised source of professional opinion to support your exemption.
Exemptions are valid for five years but they are not transferrable in the event that a new landlord takes over a property.
MEES has applied to existing tenancies from 2023
MEES used to only apply to new tenancies. However, this changed in April 2023: buildings under continuous let are also now required to have an EPC of E or above (increasing to EPC B for large buildings in 2031).
Enforcement
The principle enforcement agency auditing exemption certificates is the Local Weights and Measures Authority (LWMA), supported by, for example, Trading Standards Officers or Environmental Health Officers.
Following service of a compliance notice, financial penalties for continuing non-compliance include:
- Within three months of issue of penalty notice – up to £5,000 or 10% of RV to a maximum of £50,000 (whichever is the greater).
- For breaches of penalty notice exceeding three months – £10,000 or 20% of RV to a maximum of £150,000.
- Option to publish penalty details.
Meeting tenant demands
It’s important that MEES isn’t viewed in isolation. Bringing your building up to a higher energy performance standard will also help to meet growing tenant demand for greener buildings.
Companies are under increasing pressure to prioritise Environmental and Social Governance (ESG) issues. Research from Deloitte shows that tenants are looking for high-performing buildings and are likely to reject offices that do not meet increasingly stringent ESG criteria.
What’s next?
As of June 2026, we are waiting on further details of the new EPC B requirement for large buildings.
The government says further details will be included in an upcoming response to the public consultation.
The changes to raise MEES to EPC B for larger buildings will only take effect following the successful passage of secondary legislation through Parliament – but it is very likely to go ahead.
Suggested actions
If you haven’t already done so then now is the time to:
- Review existing EPCs
- Commission and produce EPCs for any buildings where one is not in place
- Identify and model efficiency improvements required to most cost-effectively meet the requirement
- Develop a MEES action plan to implement the measures and/or apply for relevant exemptions
Or, better still, call Concept Energy. Find out how our expert team can assist you to navigate the best path for your business through your MEES obligations, including producing your EPC.
Get in touch
If you need advice on MEES and would like to talk to one of our experts, get in touch via the form below or email info@conceptenergy.org