Housing and Regeneration Act 2008

279 Certificates for new homes

(1) A person who is selling a residential property as a new property must supply the purchaser with—

(a) a sustainability certificate, or

(b) a written statement to the effect that there is no sustainability certificate for the property.

(2) If the seller is to supply a sustainability certificate, the seller must supply it before the sale is agreed if it is reasonably practicable to do so.

(3) If it is not reasonably practicable to do so, the seller must—

(a) supply an interim certificate before the sale is agreed, and

(b) supply the sustainability certificate at such time, or within such period, as may be prescribed.

(4) If the seller is to supply a statement, the seller must supply it before the sale is agreed.

(5) The appropriate national authority may by regulations require sellers to supply certificates or statements to purchasers earlier than required by subsection (2), (3)(a) or (4).

(6) The appropriate national authority may by regulations provide for exceptions from any duty imposed by virtue of subsections (1) to (5) in such cases and circumstances, and to such extent, as may be specified in the regulations.

(7) Regulations under subsection (6) may impose alternative duties in relation to the supply of certificates or statements.

(8) The seller is not required to comply with a requirement imposed by virtue of this section if the seller has a reasonable excuse for not complying with the requirement.

(9) The seller may not charge for supplying a certificate or statement by virtue of this section.

(10) The power conferred by subsection (3)(b) may, in particular, be exercised so as to prescribe a time, or a period which ends, after the completion of the sale.

(11) In this Chapter—

• “interim certificate” means a document which—

  (a)

  contains an interim assessment of the sustainability of a residential property, and

  (b)

  complies with the requirements of regulations under this Chapter,

• “sustainability certificate” means a document which—

  (a)

  contains a final assessment of the sustainability of a residential property, and

  (b)

  complies with the requirements of regulations under this Chapter.