2007 No. 1669
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2007
Made
Laid before Parliament
Coming into force
The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures relating to the energy performance of buildings. She makes the following Regulations in exercise of the powers conferred by that section and by sections 1(1), 8(6), 35 and 47 of, and paragraphs 1, 2, 4, 7, 8 and 10 of Schedule 1 to, the Building Act 19843.
Citation, extent and commencement1
1
These Regulations may be cited as the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2007.
2
These Regulations extend to England and Wales.
3
These Regulations shall come into force on 2nd July 2007.
Definition2
In these Regulations “the principal regulations” means the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 20074.
Amendments of the principal regulations3
1
The principal regulations are amended as follows.
2
In regulation 2(1) (interpretation) omit the definition “home information pack”.
3
In regulation 6(1)(a) (providing energy information with particulars)—
a
after the word “where” insert “a duty under”; and
b
for “imposes a duty on” substitute “applies to”.
4
In regulation 11 (energy performance certificates)—
a
in paragraph (4) for “three months” substitute “twelve months”;
b
for paragraph (5), substitute—
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 20075.
c
in paragraph (6), after “any information or data”, insert “(except for the address of the building)”.
5
In regulation 31(2) (registration of certificates etc.), for “data that was collected to produce it”, substitute “data which was used to calculate any asset rating or operational rating in it”.
6
In Schedule 1 (commencement)—
a
in column 4 of paragraphs 5 and 7—
i
after the word “where” insert “a duty under”, and
ii
for “imposes a duty on” substitute “applies to”;
b
in column 2 of paragraphs 8 and 9 for “1st October 2007” substitute “1st January 2008”;
c
in column 3 of paragraph 8 after “Schedule 2” add “and, for these purposes only, regulation 8 and paragraph 1(1) of that Schedule”.
Transitional provision4
1
In respect of a building in relation to which, but for the provisions of regulation 34 (exception- first day marketing during a temporary period) of the Home Information Pack (No. 2) Regulations 2007—
a
a duty under section 155(1) or 159(2) of the Housing Act 20046 would apply to any person; and
b
a duty under the principal regulations to make available a valid energy performance certificate to any prospective buyer or tenant would apply to the relevant person,
the relevant person shall before entering into a contract to sell or rent out that building ensure that a valid energy performance certificate is given free of charge to the prospective buyer or tenant.
2
The principal regulations, other than regulation 5(2) and (5) (energy performance certificates on sale or rent), shall have effect in relation to the duty imposed by paragraph (1) as if it were a duty under regulation 5(2) or 5(5).
3
Words and expressions used both in this regulation and in the principal regulations shall have the same meaning in this regulation as they have in the principal regulations.
(This note is not part of the Regulations)