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The Building Regulations 2010

Changes over time for: Section 29

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Energy performance certificatesE+W

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29.—(1) This regulation applies where—

(a)a building is erected M1; or

(b)a building is modified so that it has a greater or lesser number of parts designed or altered for separate use than it previously had, where the modification includes the provision or extension of any of the fixed services for heating, hot water, air conditioning or mechanical ventilation.

(2) The person carrying out the work shall—

(a)give an energy performance certificate for the building to the owner of the building; and

(b)give to the local authority notice to that effect, including the reference number under which the energy performance certificate has been registered in accordance with regulation 30(4).

(3) The energy performance certificate and notice shall be given not later than five days after the work has been completed.

(4) An energy performance certificate must—

(a)express the asset rating of the building in a way approved by the Secretary of State under regulation 24;

(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 F1[F2the category of building to which the certificate relates]; F3F4...

F5[F6(cc)include a recommendation report unless there is no reasonable potential for energy performance improvements (in terms of the applicable energy efficiency requirements);

(cd)be valid in accordance with paragraph (9); and]

(d)include the following information—

F7[F8(i)the reference number under which the set of data from which the certificate may be produced has been entered onto the register in accordance with regulation 30(4);]

(ii)the address of the building, or in the case of a portable building the address of the owner;

(iii)an estimate of the total useful floor area of the building; [F9and]

F10(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

F11(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(vi)the date on which it was issued [F12.]

F13(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F14(e)where it relates to a building which is a green deal property, include the information specified in Schedule 4A in connection with each green deal plan that has been entered into in respect of that green deal property and for which payments are still to be made under that plan.]

F15F16(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) 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.

(7) 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.

F17[F18(8) Certification for a building which consists of a single dwelling may be based on the assessment of another representative building of similar design and size with a similar actual energy performance quality, provided such correspondence is guaranteed by the energy assessor issuing the energy performance certificate.

(9) An energy performance certificate is only valid if—

(a)it was entered on the register 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 entered on the register.

[F19(9A) An energy performance certificate is only valid for the purposes of complying with the green deal disclosure obligations if it was—

(a)issued by an energy assessor; or

(b)produced under regulation 30 of the Energy Performance of Buildings (England and Wales) Regulations 2012 pursuant to a request for the disclosure of general access data relating to a green deal property,

no more than twelve months before the date on which the energy performance certificate is provided in connection with those obligations.]

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

[F20(11) An energy performance certificate must not contain any information relating to a green deal plan for which the payment period has finished.

(12) In this regulation, “green deal plan” has the meaning given in section 1 of the Energy Act 2011.]

Textual Amendments

F1Words in reg. 29(4)(c) substituted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 16(a) (with reg. 1(2)(3))

F2Words in reg. 29(4)(c) substituted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 18(a), Sch. 1 (with reg. 1(3)(4), 45-47)

F3Word in reg. 29(4)(c) omitted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 18(b)(i), Sch. 1 (with reg. 1(3)(4), 45-47)

F4Word in reg. 29(4)(c) omitted (W. for remaining purposes) (19.4.2013) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 16(b)(i) (with reg. 1(2)(3))

F5Reg. 29(4)(cc)(cd) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 16(b)(ii) (with reg. 1(2)(3))

F6Reg. 29(4)(cc)(cd) inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 18(b)(ii), Sch. 1 (with reg. 1(3)(4), 45-47)

F7Reg. 29(4)(d)(i) substituted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 16(c) (with reg. 1(2)(3))

F8Reg. 29(4)(d)(i) substituted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 18(c), Sch. 1 (with reg. 1(3)(4), 45-47)

F15Reg. 29(5) omitted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 18(d), Sch. 1 (with reg. 1(3)(4), 45-47)

F16Reg. 29(5) omitted (W. for remaining purposes) (19.4.2013) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 16(d) (with reg. 1(2)(3))

F17Reg. 29(8)(9)(10) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 16(e) (with reg. 1(2)(3))

F18Reg. 29(8)-(10) inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 18(e), Sch. 1 (with reg. 1(3)(4), 45-47)

Modifications etc. (not altering text)

C1Reg. 29 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1)

Marginal Citations

M1Regulation 9 of S.I. 2007/991 contains a requirement to provide an energy performance certificate five days after the completion of construction work on certain buildings exempt from these Regulations.

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