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.]
Textual Amendments
F1Reg. 51 inserted (6.4.2008) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2008 (revoked) 2008 (S.I. 2008/647), regs. 1(3), 2(5)
F2Words in reg. 51(7)(b) added (1.10.2008) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment No.2) Regulations 2008 (S.I. 2008/2363), regs. 1(3), 2(9)(a)(i)