The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

Energy performance certificates E+W

11.—(1) An energy performance certificate must—

(a) express the asset rating of the building in a way approved by the Secretary of State under regulation 17A of the Building Regulations 2000;

(b) include a reference value such as a current legal standard or benchmark;

(c) be issued by an energy assessor who is accredited to produce energy performance certificates for that category of building; and

(d) include the following information—

(i) the reference number under which the certificate has been registered in accordance with regulation 31;

(ii) the address of the building;

(iii) an estimate of the total useful floor area of the building;

(iv) the name of the energy assessor who issued it;

(v) the name and address of the energy assessor’s employer, or, if he is self-employed, the name under which he trades and his address;

(vi) the date on which it was issued; and

(vii) the name of the approved accreditation scheme of which the energy assessor is a member.

(2) A certificate which complies with regulation 17E of the Building Regulations 2000 is also an energy performance certificate.

(3) Subject to paragraph (4), an energy performance certificate is only valid for the purposes of this Part if—

(a) it was issued no more than 10 years before the date on which it is made available; and

(b) no other energy performance certificate for the building has since been obtained by or provided to the relevant person.

(4) If a building is to be sold or rented out in circumstances where section 155(1) or 159(2) of the Housing Act 2004 imposes a duty on any person in relation to that building, an energy performance certificate for the building is only valid for the purposes of this Part if it was issued no earlier than the date that falls [F1 twelve months] before the first point of marketing of the building.

[F2 (5) For the purposes of paragraph (4), “first point of marketing” shall be construed in accordance with regulations 3, 16(3), 21(3), 22(3) and 34(5) of the Home Information Pack (No. 2) Regulations 2007(1).]

(6) An energy performance certificate must not contain any information or data [F3 (except for the address of the building)] from which a living individual (other than the energy assessor or his employer) can be identified.

(7) Certification for apartments or units designed or altered for separate use in blocks may be based—

(a) except in the case of a dwelling, on a common certification of the whole building for blocks with a common heating system; or

(b) on the assessment of another representative apartment or unit in the same block.

(8) Where—

(a) a block with a common heating system is divided into parts designed or altered for separate use; and

(b) one or more, but not all, of the parts are dwellings,

certification for those parts which are not dwellings may be based on a common certification of all the parts which are not dwellings.

Textual Amendments

F1 Words in reg. 11(4) substituted (2.7.2007) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2007 (S.I. 2007/1669), regs. 1(3), 3(4)(a)

F2 Reg. 11(5) substituted (2.7.2007) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2007 (S.I. 2007/1669), regs. 1(3), 3(4)(b)

F3 Words in reg. 11(6) inserted (2.7.2007) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2007 (S.I. 2007/1669), regs. 1(3), 3(4)(c)

Commencement Information

I1 Reg. 11 in force at 19.4.2007, see reg. 1(4), Sch. 1