- Y Diweddaraf sydd Ar Gael (Diwygiedig)
- Pwynt Penodol mewn Amser (06/04/2015)
- Gwreiddiol (a wnaed Fel)
Version Superseded: 06/04/2016
Point in time view as at 06/04/2015.
There are currently no known outstanding effects for the The Energy Performance of Buildings (England and Wales) Regulations 2012,
PART 2
.
Revised legislation carried on this site may not be fully up to date. At the current time any known changes or effects made by subsequent legislation have been applied to the text of the legislation you are viewing by the editorial team. Please see ‘Frequently Asked Questions’ for details regarding the timescales for which new effects are identified and recorded on this site.
5.—(1) This Part does not apply to—
(a)buildings officially protected as part of a designated environment or because of their special architectural or historical merit, in so far as compliance with certain minimum energy performance requirements would unacceptably alter their character or appearance;
(b)buildings used as places of worship and for religious activities;
(c)temporary buildings with a time of use of two years or less;
(d)industrial sites, workshops and non-residential agricultural buildings with low energy demand;
(e)non-residential agricultural buildings which are in use by a sector covered by a national sectoral agreement on energy performance;
(f)residential buildings which are used or intended to be used—
(i)for less than four months of the year, or
(ii)for a limited annual time of use and with an expected energy consumption of less than 25% of what would be the result of all-year use; and
(g)stand-alone buildings with a total useful floor area of less than 50m².
(2) Nothing in this Part requires an energy performance certificate to be given or made available to a prospective buyer or tenant at any time before the construction of the building has been completed.
6.—(1) Subject to regulation 8, this regulation applies where a building is to be sold or rented out.
(2) The relevant person shall make available free of charge a valid energy performance certificate to any prospective buyer or tenant—
(a)at the earliest opportunity; and
(b)in any event no later than whichever is the earlier of—
(i)in the case of a person who requests information about the building, the time at which the relevant person first makes available any information in writing about the building to the person; or
(ii)in the case of a person who makes a request to view the building, the time at which the person views the building.
(3) Paragraph (2) does not apply if the relevant person believes on reasonable grounds that the prospective buyer or tenant—
(a)is unlikely to have sufficient means to buy or rent the building;
(b)is not genuinely interested in buying or renting a building of a general description which applies to the building; or
(c)is not a person to whom the relevant person is likely to be prepared to sell or rent out the building.
(4) Nothing in paragraph (3) authorises the doing of anything which constitutes an unlawful act of discrimination.
(5) The relevant person must ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the buyer or tenant.
7.—(1) Subject to regulation 8, this regulation applies where—
(a)a building is to be sold or rented out; and
(b)no valid energy performance certificate is available for that building.
(2) Before the building is put on the market, the relevant person must secure that an energy performance certificate is commissioned for the building.
(3) Before marketing the building, a person acting on behalf of the relevant person must be satisfied that an energy performance certificate has been commissioned for the building.
(4) The relevant person and a person acting on behalf of the relevant person must use all reasonable efforts to secure that a valid energy performance certificate is obtained for the building before the end of a period of 7 days starting with the day on which the building was first put on the market.
(5) Where any person subject to the duty in paragraph (4) is unable, despite using all reasonable efforts, to secure that a valid energy performance certificate is obtained for the building before the end of the 7 day period specified in that paragraph, the person shall secure that the certificate is obtained before the end of the period of 21 days immediately following the 7 day period.
(6) In this regulation—
(a)“the market” means the property market in England and Wales;
(b)a building is put on the market when the fact that it is or may become available for sale or rent is, with the intention of marketing the building, first made public in England and Wales by or on behalf of the relevant person;
(c)a fact is made public when it is advertised or otherwise communicated (in whatever form and by whatever means) to the public or to a section of the public;
(d)an energy performance certificate is commissioned when a request is made—
(i)which is properly addressed to an energy assessor who is accredited to produce energy performance certificates for the category of building in question, and
(ii)which is in such form, contains all such information and is accompanied by such payment or undertaking to make such payment as is usually necessary to obtain a certificate.
8.—(1) Regulations 6 and 7 do not apply in relation to a dwelling which is to be sold or rented out where the relevant person can demonstrate that—
(a)the dwelling is suitable for demolition;
(b)the resulting site is suitable for redevelopment;
(c)all the relevant planning permissions, listed building consents and conservation area consents exist in relation to the demolition; and
(d)in relation to the redevelopment—
(i)either outline planning permission or planning permission exists, or both; and
(ii)where relevant, listed building consent exists.
(2) Regulation 6 does not apply in relation to any prospective buyer or tenant of a building other than a dwelling which is to be sold or rented out where—
(a)the relevant person can demonstrate that—
(i)the building is to be sold or rented out with vacant possession;
(ii)the building is suitable for demolition; and
(iii)the resulting site is suitable for redevelopment; and
(b)the relevant person believes on reasonable grounds that the prospective buyer or tenant intends to demolish the building.
(3) Regulation 7 does not apply in relation to a building other than a dwelling which is to be sold or rented out where the relevant person can demonstrate that—
(a)the building is to be sold or rented out with vacant possession;
(b)the building is suitable for demolition;
(c)the resulting site is suitable for redevelopment;
(d)all the relevant planning permissions, listed building consents and conservation area consents exist in relation to the demolition; and
(e)in relation to the development—
(i)either outline planning permission or planning permission exists, or both; and
(ii)where relevant, listed building consent exists.
9.—(1) An energy performance certificate entered on the register on or after 9th January 2013 must—
(a)express the asset rating of the building in a way approved by the Secretary of State under regulation 24 of the Building Regulations 2010 M1;
(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 the category of building to which the certificate relates;
(d)include a recommendation report M2 unless there is no reasonable potential for energy performance improvements compared to the energy performance requirements in force;
(e)include the following information—
(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 27;
(ii)the address of the building;
(iii)an estimate of the total useful floor area of the building; and
(iv)the date on which it was issued; F1...
[F2(ea)where it relates to a building or a building unit which is a green deal property, include the information specified in Schedule A1 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; and]
(f)be valid [F3for the purposes of this Part] in accordance with paragraph (2).
(2) An energy performance certificate is only valid for the purposes of this Part 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.
[F4(2A) 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 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.]
(3) 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.
[F5(3A) An energy performance certificate must not contain any information relating to a green deal plan for which the payment period has finished.]
(4) Certification for building units on or after 9th January 2013 may be based—
(a)for a non-residential building, on a common certification of the whole building for blocks with a common heating system; or
(b)on the assessment of another representative [F6building] or unit in the same block..
(5) Certification on or after 9th January 2013 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 if such correspondence is guaranteed by the energy assessor issuing the energy performance certificate.
Textual Amendments
F1Word in reg. 9(1)(e)(iv) omitted (27.1.2013) by virtue of The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 (S.I. 2013/10), regs. 1(1), 9(2)
F2Reg. 9(1)(ea) inserted (27.1.2013) by The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 (S.I. 2013/10), regs. 1(1), 9(3)
F3Words in reg. 9(1)(f) inserted (27.1.2013) by The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 (S.I. 2013/10), regs. 1(1), 9(4)
F4Reg. 9(2A) inserted (27.1.2013) by The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 (S.I. 2013/10), regs. 1(1), 9(5)
F5Reg. 9(3A) inserted (27.1.2013) by The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 (S.I. 2013/10), regs. 1(1), 9(6)
F6Word in reg. 9(4)(b) substituted (6.4.2014) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/880), regs. 1(2), 4
Marginal Citations
M2“Recommendation report” is defined in regulation 4.
10.—(1) This regulation applies to a building, other than a dwelling, which satisfies all the following requirements—
(a)it has a total useful floor area of more than 500m²;
(b)it is frequently visited by the public; and
(c)an energy performance certificate has been made available in accordance with—
(i)regulation 6, or
(ii)regulation 29(2) M3 of the Building Regulations 2010.
(2) In a building to which this regulation applies, the energy performance certificate must be valid, and must be displayed in a prominent place clearly visible to members of the public who visit the building.
Marginal Citations
M3Regulation 29 of the Building Regulations 2010 is amended by S.I. 2012/3119.
11.—(1) This regulation applies to—
(a)a building having a valid energy performance certificate
(b)a building unit in such a building, and
(c)a building unit having a valid energy performance certificate.
(2) Where a building or building unit to which this regulation applies is offered for sale or rent on or after 9th January 2013 the, [F7relevant person, or, where applicable, a person acting on behalf of the relevant person, must ensure that the] [F8energy performance indicator] of the building expressed in the energy performance certificate [F9is] stated in any advertisement of the sale or rental in commercial media.
(3) [F10In this regulation “energy performance indicator” means an indication of the energy efficiency of a building or building unit, calculated using the methodology approved by the Secretary of State under regulation 24 of the Building Regulations 2010 and expressed on a scale of A+ to G, (or A to G in the case of a building that is a dwelling), with G representing the least energy efficient rating.]
Textual Amendments
F7Words in reg. 11(2) inserted (6.4.2015) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2015 (S.I. 2015/609), regs. 1(1), 2(2)(a)
F8Words in reg. 11(2) substituted (6.4.2014) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2014 (S.I. 2014/880), regs. 1(2), 5(a)
F9Word in reg. 11(2) substituted (6.4.2015) by The Energy Performance of Buildings (England and Wales) (Amendment) Regulations 2015 (S.I. 2015/609), regs. 1(1), 2(2)(b)
12. Where this Part requires a relevant person to give or make available a valid energy performance certificate to any person, it is sufficient for the relevant person to give or make available a copy of a valid certificate.
13. Where regulation 6(2) or 6(5) requires a valid energy performance certificate to be given or made available to any person, the certificate may be given or made available electronically if the intended recipient consents to receiving the certificate electronically.
Y Diweddaraf sydd Ar Gael (diwygiedig):Y fersiwn ddiweddaraf sydd ar gael o’r ddeddfwriaeth yn cynnwys newidiadau a wnaed gan ddeddfwriaeth ddilynol ac wedi eu gweithredu gan ein tîm golygyddol. Gellir gweld y newidiadau nad ydym wedi eu gweithredu i’r testun eto yn yr ardal ‘Newidiadau i Ddeddfwriaeth’.
Gwreiddiol (Fel y’i Deddfwyd neu y’i Gwnaed): Mae'r wreiddiol fersiwn y ddeddfwriaeth fel ag yr oedd pan gafodd ei deddfu neu eu gwneud. Ni wnaed unrhyw newidiadau i’r testun.
Pwynt Penodol mewn Amser: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Rhychwant ddaearyddol: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Dangos Llinell Amser Newidiadau: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Mae Memoranda Esboniadol yn nodi datganiad byr o ddiben Offeryn Statudol ac yn rhoi gwybodaeth am ei amcan polisi a goblygiadau polisi. Maent yn ceisio gwneud yr Offeryn Statudol yn hygyrch i ddarllenwyr nad oes ganddynt gymhwyster cyfreithiol, ac maent yn cyd-fynd ag unrhyw Offeryn Statudol neu Offeryn Statudol Drafft a gyflwynwyd ger bron y Senedd o Fehefin 2004 ymlaen.
Gallwch wneud defnydd o ddogfennau atodol hanfodol a gwybodaeth ar gyfer yr eitem ddeddfwriaeth o’r tab hwn. Yn ddibynnol ar yr eitem ddeddfwriaeth sydd i’w gweld, gallai hyn gynnwys:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Defnyddiwch y ddewislen hon i agor dogfennau hanfodol sy’n cyd-fynd â’r ddeddfwriaeth a gwybodaeth am yr eitem hon o ddeddfwriaeth. Gan ddibynnu ar yr eitem o ddeddfwriaeth sy’n cael ei gweld gall hyn gynnwys:
liciwch ‘Gweld Mwy’ neu ddewis ‘Rhagor o Adnoddau’ am wybodaeth ychwanegol gan gynnwys