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16.—(1) This regulation applies where a new dwelling is created by building work or by a material change of use in connection with which building work is carried out.
(2) Where this regulation applies, the person carrying out the building work shall calculate the energy rating of the dwelling by means of a procedure approved by the Secretary of State and give notice of that rating to the local authority.
(3) The notice referred to in paragraph (2) shall be given not later than the date on which the notice required by paragraph (4) of regulation 15 is given, and, where a new dwelling is created by the erection of a building, it shall be given at least five days before occupation of the dwelling.
(4) Where this regulation applies, subject to paragraphs (6) and (7), the person carrying out the building work shall affix, as soon as practicable, in a conspicuous place in the dwelling, a notice stating the energy rating of the dwelling.
(5) The notice referred to in paragraph (4) shall be affixed not later than the date on which the notice required by paragraph (4) of regulation 15 is given, and, where a new dwelling is created by the erection of a building, it shall be affixed not later than five days before occupation of the dwelling.
(6) Subject to paragraph (7), if, on the date the dwelling is first occupied as a residence, no notice has been affixed in the dwelling in accordance with paragraph (4), the person carrying out the building work shall, not later than the date on which the notice required by paragraph (4) of regulation 15 is given, give to the occupier of the dwelling a notice stating the energy rating of the dwelling calculated in accordance with paragraph (2).
(7) Paragraphs (4) and (6) shall not apply in a case where the person carrying out the work intends to occupy, or occupies, the dwelling as a residence.
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