In relation to Bramble Cottage, what steps should the solicitor take regarding energy performance and any Green Deal obligations?

• A. Check that an Energy Performance Certificate (EPC) has been provided and satisfactory; review the seller's replies to the Property Information Form (TA6) Part 7 environmental matters; identify if a Green Deal plan exists and its implications; insert a clause in the contract or Transfer acknowledging that the buyers take over Green Deal repayments.
• B. Ensure only that an EPC exists; do not review TA6 or Green Deal and proceed.
• C. Ignore energy performance requirements if the property is mortgaged.
• D. Request the property's energy bills history for the last three years.

Answer: (A)

Handling energy performance information and any Green Deal obligations is part of proper due diligence in a property sale. Start by confirming there is a valid Energy Performance Certificate and that it is provided to the purchaser in line with the timetable required by law, since the EPC sets the property's energy efficiency and potential running costs and remains a necessary disclosure at sale.

Then examine the seller’s answers in the Property Information Form (TA6), specifically Part 7 on environmental matters. This part pulls together disclosures about energy efficiency, any energy-related works, and any Green Deal arrangements. It’s important to check these replies for accuracy and to spot any Green Deal plan or similar charges attached to the property, because those obligations can affect the buyer after completion.

If a Green Deal plan exists, the solicitor must identify its terms and implications. A Green Deal charge is usually secured against the dwelling and can pass to the new owner unless it is discharged or properly assigned. The solicitor should inform the client about this continuing liability and, where appropriate, draft or insert a clause in the contract or Transfer to confirm that the buyer will take over the Green Deal repayments (or that the seller will have discharged or assign the charge). This protects the buyer from unexpected ongoing debt and ensures the transfer reflects the true position on title.

While requesting energy bills history or other information can be helpful for a fuller picture, those steps do not substitute for the statutory requirements to provide the EPC, properly review environmental disclosures, and address any Green Deal obligations in the transfer.