Search Legislation

The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

 Help about what version

What Version

 Help about advanced features

Advanced Features

Changes over time for: Section 51

 Help about opening options

Version Superseded: 09/01/2013

Alternative versions:

Status:

Point in time view as at 01/10/2008. This version of this provision has been superseded. Help about Status

Close

Status

You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.

Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.

Changes to legislation:

There are currently no known outstanding effects for the The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007, Section 51. Help about Changes to Legislation

Close

Changes to Legislation

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.

[F1Transitional arrangements – property on market at commencementE+W

This section has no associated Explanatory Memorandum

51.(1) Subject to paragraphs (7) to (9), regulation 5 does not impose any duty in relation to a building to which this regulation applies.

(2) This regulation applies to a building where—

(a)the building is not one in respect of which a duty under section 155(1) or 159(2) of the Housing Act 2004 applies to any person;

(b)the building is put on the market by or on behalf of a relevant person before the commencement date;

(c)action taken at any time before the commencement date by or on behalf of the relevant person, made public the fact that the building was on the market;

(d)such action was taken with the intention of selling or letting the building before the commencement date;

(e)such action was sustained to a reasonable extent after it was put on the market and until the commencement date; and

(f)on the commencement date, the building remains on the market.

(3) A building is put on the market when the fact that the building is or may be available for sale or rent is, with the intention of marketing the building on the property market in England and Wales, first made public in England and Wales by or on behalf of the relevant person.

(4) 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.

(5) Where paragraph (1) applies, when contracts are entered into for the sale or rental of the building, the relevant person must, if it has not already been done—

(a)make a request which complies with regulation 42(2) for an energy performance certificate as soon as reasonably practicable;

(b)make all reasonable efforts to obtain an energy performance certificate as soon as reasonably practicable; and

(c)when an energy performance certificate is obtained, ensure that it is given free of charge to the person who has bought or rented the building.

(6) Where paragraph (5) applies, all the provisions of these Regulations, except regulations 5(2) and 5(5) shall have effect in relation to the duty imposed by paragraph (5) as if it were a duty under regulation 5(2) or 5(5).

(7) Subject to paragraphs (8) and (9), this regulation, other than this paragraph, ceases to apply to a building—

(a)when it is taken off the market, or

(b)on 1st October 2008 [F2for any dwelling; or]

[F3(c)on 4th January 2009 for any building other than a dwelling,]

whichever occurs first.

(8) Notwithstanding paragraph (7)(a), this regulation does apply to a building in cases where, after the building has been taken off the market, it is put back on the market on or after the commencement date—

(a)after the seller or prospective landlord had accepted an offer to buy or rent the building; and

(b)within 28 days of that offer being withdrawn or its acceptance repudiated.

[F4(9) Notwithstanding paragraph 7(b) and (c), where a contract for the sale or rent of a building to which this regulation applies has been entered into before—

(a)1st October 2008 in a case where paragraph 7(b) applies, or

(b)4th January 2009 in a case where paragraph 7(c) applies,

paragraph (5) shall continue to apply in relation to that transaction.]

(10) In this regulation, “commencement date” means the date set out in column 2 of the table in Schedule 1 for the coming into force of regulation 5 in relation to the building.]

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Point in Time: 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.

Close

See additional information alongside the content

Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.

Show Timeline of Changes: 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.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Memorandum

Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

Timeline of Changes

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.

Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as made version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources