Part 3Other provisions

Chapter 1Sustainability certificates

Supplementary

292Chapter 1: interpretation etc.

1

In this Chapter—

  • “ancillary land”, in relation to a building, means any land intended to be occupied and enjoyed together with the building,

  • “appropriate national authority” means—

    1. a

      in relation to England, the Secretary of State, and

    2. b

      in relation to Wales, the Welsh Ministers,

  • “building” includes part of a building,

  • “modifications” includes omissions,

  • “prescribed” means prescribed by regulations made by the appropriate national authority,

  • “purchase”, in relation to a residential property, means acquire, or agree to acquire, by way of purchase a relevant interest in the property,

  • “purchaser”, in relation to a residential property, means a person who has—

    1. a

      made an offer to purchase it, or

    2. b

      purchased it,

  • “relevant interest”, in relation to a residential property, means—

    1. a

      the freehold interest in the property,

    2. b

      such leasehold interests as may be prescribed, or

    3. c

      an option to acquire the freehold interest or any such prescribed leasehold interest,

  • “residential property” means a building which is, or is intended to be, occupied as a separate dwelling (including one that is being designed or constructed or is to be constructed) and includes any ancillary land, but it does not include a newly converted residential property,

  • “sell”, in relation to a residential property, means—

    1. a

      dispose, or agree to dispose, by way of sale of a relevant interest in the property, or

    2. b

      offer such an interest for sale,

  • “sustainability”, in relation to residential properties, is to be read in accordance with section 280.

2

Any reference in subsection (1) or (5) to the disposal of a relevant interest includes a reference to the creation of such an interest.

3

For the purposes of this Chapter a person who is selling a residential property is to be treated as selling it as a new property if, at the time in question—

a

the property is being designed,

b

the property is being constructed, or

c

the construction of the property has been finished but the property has never been occupied as a dwelling.

4

For the purposes of this Chapter, the construction of a residential property is to be treated as finished if the property—

a

is wind and weather proof,

b

is safe and sanitary for any occupiers or visitors,

c

has facilities for the supply of space heating, hot and cold water and electricity,

d

has washing and drainage facilities, and

e

meets any other prescribed requirements.

5

For the purposes of this Chapter a sale is agreed—

a

in the case of a legally binding agreement to dispose by way of sale, when the agreement is entered into, and

b

in the absence of such an agreement, when the disposal is made.

6

Any requirement imposed by virtue of section 279 to supply a certificate or statement—

a

may be met by supplying a copy of the certificate or statement, and

b

may be met by supplying the certificate or statement (or copy) in electronic form if the intended recipient consents to receiving it in that form.

7

For the purposes of this Chapter a certificate, statement or copy supplied in electronic form is only to be treated as being received if the recipient is readily able (using equipment available to the recipient)—

a

to view the document in a form that is legible, and

b

to produce hard copies of it in a legible form.

8

The sale or purchase of a residential property is not invalid merely because of a failure to comply with any requirement imposed by virtue of this Chapter.