Housing and Regeneration Act 2008 (c. 17)

Part 3 E+W Other provisions

Prospective

Chapter 1 E+W Sustainability certificates

Supplementary E+W

292 Chapter 1: interpretation etc. E+W

(1) In this Chapter—

• “ancillary land”, in relation to a building, means any land intended to be occupied and enjoyed together with the building,

• “appropriate national authority” means—

  (a)

  in relation to England, the Secretary of State, and

  (b)

  in relation to Wales, the Welsh Ministers,

• “building” includes part of a building,

• “modifications” includes omissions,

• “prescribed” means prescribed by regulations made by the appropriate national authority,

• “purchase”, in relation to a residential property, means acquire, or agree to acquire, by way of purchase a relevant interest in the property,

• “purchaser”, in relation to a residential property, means a person who has—

  (a)

  made an offer to purchase it, or

  (b)

  purchased it,

• “relevant interest”, in relation to a residential property, means—

  (a)

  the freehold interest in the property,

  (b)

  such leasehold interests as may be prescribed, or

  (c)

  an option to acquire the freehold interest or any such prescribed leasehold interest,

• “residential property” means a building which is, or is intended to be, occupied as a separate dwelling (including one that is being designed or constructed or is to be constructed) and includes any ancillary land, but it does not include a newly converted residential property,

• “sell”, in relation to a residential property, means—

  (a)

  dispose, or agree to dispose, by way of sale of a relevant interest in the property, or

  (b)

  offer such an interest for sale,

• “sustainability”, in relation to residential properties, is to be read in accordance with section 280.

(2) Any reference in subsection (1) or (5) to the disposal of a relevant interest includes a reference to the creation of such an interest.

(3) For the purposes of this Chapter a person who is selling a residential property is to be treated as selling it as a new property if, at the time in question—

(a) the property is being designed,

(b) the property is being constructed, or

(c) the construction of the property has been finished but the property has never been occupied as a dwelling.

(4) For the purposes of this Chapter, the construction of a residential property is to be treated as finished if the property—

(a) is wind and weather proof,

(b) is safe and sanitary for any occupiers or visitors,

(c) has facilities for the supply of space heating, hot and cold water and electricity,

(d) has washing and drainage facilities, and

(e) meets any other prescribed requirements.

(5) For the purposes of this Chapter a sale is agreed—

(a) in the case of a legally binding agreement to dispose by way of sale, when the agreement is entered into, and

(b) in the absence of such an agreement, when the disposal is made.

(6) Any requirement imposed by virtue of section 279 to supply a certificate or statement—

(a) may be met by supplying a copy of the certificate or statement, and

(b) may be met by supplying the certificate or statement (or copy) in electronic form if the intended recipient consents to receiving it in that form.

(7) For the purposes of this Chapter a certificate, statement or copy supplied in electronic form is only to be treated as being received if the recipient is readily able (using equipment available to the recipient)—

(a) to view the document in a form that is legible, and

(b) to produce hard copies of it in a legible form.

(8) The sale or purchase of a residential property is not invalid merely because of a failure to comply with any requirement imposed by virtue of this Chapter.