# MEES for commercial property: the minimum

> What the Minimum Energy Efficiency Standards mean for non-domestic landlords in England and Wales, when they bite, and how exemptions work.

Source: https://commercialepcupgrades.co.uk/mees

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# MEES for commercial property: the minimum

Before the next standard arrives there is one already in force. Under the Minimum Energy Efficiency Standards the current minimum for non-domestic private rented property in England and Wales is EPC band E, and it applies to letting rather than to occupying.

General guidance, not legal advice

Energy performance rules for commercial property in England and Wales have changed repeatedly, and proposals have moved during consultation. This page describes the position as we understand it and is written to be useful rather than definitive. Check the current position and your own obligations with a solicitor or a qualified assessor before committing to capital spend.

## What MEES restricts

MEES restricts letting a commercial property that falls below the minimum rating. The important nuance is that it attaches to the act of letting and to continuing to let, which is why it tends to surface at a lease event rather than arriving as a letter one morning.

That makes it a transactional problem as much as a compliance one. A unit below the minimum is a unit you may not be able to let, which is a more immediate commercial consequence than any penalty.

## Where it bites in practice

- Letting a vacant unit. The obvious one, and the point at which a poor rating stops being theoretical.
- Renewing or extending a lease, where the landlord is granting a new interest.
- Selling, where a buyer prices the compliance gap into the offer or walks away from it.
- Refinancing, where lenders increasingly ask the question.

The pattern across all four is the same: the rating matters when something happens to the building, and the cost of fixing it is lowest at exactly those moments, because the unit is usually empty or the negotiation is already open.

## Penalties and enforcement

Breaching the standard carries up to £50,000 under three months in breach, and up to £150,000 at three months or more, enforced by local authorities. Note that there is no single maximum, which is the detail almost everyone gets wrong: the cap depends on how long the breach has run, and in each case the penalty is whichever is greater of a fixed sum or a percentage of the rateable value. A page quoting one flat figure is quoting the longer of the two.

There is also a publication penalty: the enforcement authority may publish details of the breach on a public part of the register, which for some landlords is the part that stings. For the actual exposure on a specific building, ask a solicitor — the figures above are the structure, not an assessment of your property.

## Exemptions

Where a standard cannot reasonably be met there is provision to register an exemption on the PRS Exemptions Register. Exemptions are not a way around the regime: they are specific, evidenced, time-limited and registered, and an unregistered exemption is not an exemption.

The two situations landlords most often hope will qualify are where the work would not pay back within a defined period and where a third party withholds consent. Both have conditions attached, both need evidence, and both are worth getting professional advice on rather than assuming.

## How this connects to lighting

Because a non-domestic EPC is an asset rating of the building and its services, not of your metered use, the cheapest way to move a building off the bottom of the scale is usually to change a fixed service rather than the fabric — and lighting is the cheapest fixed service to change. A building sitting one band below the minimum is frequently a lighting job, which is a much better position to be in than it first appears.

## Questions we get asked

### Does MEES apply if I occupy my own building?

### Do short leases count?

### Can I let a unit below the minimum if the tenant does not mind?

### How do I find out my building current rating?

Sources

- Under the MEES Regulations the minimum for non-domestic private rented property in England and Wales is EPC band E. [The Non-Domestic Private Rented Property Minimum Standard: guidance for landlords and enforcement authorities, under the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015, 2017](https://www.gov.uk/government/publications/the-non-domestic-private-rented-property-minimum-standard-landlord-guidance)
- The prohibition applied to new lettings and renewals from 1 April 2018, and to continuing tenancies from 1 April 2023. [The Non-Domestic Private Rented Property Minimum Standard: guidance for landlords and enforcement authorities, 2017](https://www.gov.uk/government/publications/the-non-domestic-private-rented-property-minimum-standard-landlord-guidance)
- For letting a sub-standard non-domestic property, the penalty is the greater of £10,000 or 20% of rateable value up to £150,000 where the breach has lasted three months or more, and the greater of £5,000 or 10% of rateable value up to £50,000 below three months. A publication penalty may be imposed as well. [The Non-Domestic Private Rented Property Minimum Standard, chapter 5 (Enforcement), table 2, 2017](https://www.gov.uk/government/publications/the-non-domestic-private-rented-property-minimum-standard-landlord-guidance)
- A landlord who cannot meet the minimum may register an exemption on the PRS Exemptions Register. Registration is self-certified and must be supported by evidence. [Guidance on PRS exemptions and Exemptions Register evidence requirements, DESNZ, 2017](https://www.gov.uk/government/publications/private-rented-sector-minimum-energy-efficiency-standard-exemptions/guidance-on-prs-exemptions-and-exemptions-register-evidence-requirements)
- The seven-year payback test is a non-domestic exemption: the prohibition does not apply where a recommended improvement does not pay for itself within seven years. [The Non-Domestic Private Rented Property Minimum Standard, and the 2031 MEES interim response, 2026](https://www.gov.uk/government/publications/the-non-domestic-private-rented-property-minimum-standard-landlord-guidance)
- A non-domestic EPC is an asset rating: it is based on the fabric of the building and its services rather than on metered consumption. [A guide to energy performance certificates for the construction, sale and let of non-dwellings, DCLG, 2014](https://www.gov.uk/government/publications/energy-performance-certificates-for-the-construction-sale-and-let-of-non-dwellings)

Last updated 8 October 2026 .

- [EPC B by 2031 The standard expected next](https://commercialepcupgrades.co.uk/epc-b-2031)
- [How to improve a rating The cheapest route up a band](https://commercialepcupgrades.co.uk/improve-commercial-epc-rating)
- [Retail units Where re-letting makes this urgent](https://commercialepcupgrades.co.uk/buildings/retail-unit)

Next step

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