The Home Information Pack (No. 2) Regulations 2007

Energy information unobtainable before or at the first point of marketing

16.—(1) This regulation applies—

(a) where the first point of marketing occurs on or after 1st January 2008;

(b) where regulation 20 does not apply; and

(c) in relation to the following pack documents required to be included in the home information pack before or at the first point of marketing by virtue of regulation 14(1)—

(i) energy performance certificate and recommendation report (regulation 8(b)); and

(ii) predicted energy assessment (regulation 8(c)).

(2) If, despite all reasonable efforts and enquiries by the responsible person, a pack document to which this regulation applies cannot be obtained by him before or at the first point of marketing, the home information pack complies with the requirements of these Regulations where—

(a) the first point of marketing falls no earlier than the end of the period of 14 days starting with the day a request for the document is delivered in accordance with this Part;

(b) the responsible person continues to use all reasonable efforts to obtain the document, and in particular, to obtain the document before the end of the period of 28 days starting with the first point of marketing;

(c) the document is included in the home information pack as soon as reasonably practicable; and

(d) proof of the request for the document is included in the pack(1).

(3) The time at which the document is included in the home information pack becomes the first point of marketing for that document—

(a) for the purposes of regulation 15(2); and

(b) until such time (if any) as a further first point of marketing arises under regulation 3(4) or Part 5.

(1)

As to proof of the request, see regulation 18(2).