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

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[F1Energy performance certificates on marketingE+W

This section has no associated Explanatory Memorandum

5A.(1)  Subject to regulation 7, this regulation applies where—

(a)a residential property is to be sold; and

(b)no valid energy performance certificate is available for that property.

(2) Before the property is put on the market, the seller must secure that an energy performance certificate is commissioned for the property.

(3) Before marketing the property, a person acting on behalf of the seller must be satisfied that an energy performance certificate has been commissioned for the property.

(4) The seller and a person acting on behalf of the seller must use all reasonable efforts to secure that a valid energy performance certificate is obtained for the property before the end of a period of 28 days starting with the day on which the property was first put on the market.

(5) In this regulation—

(a)the market” means the residential property market in England and Wales;

(b)a residential property is put on the market when the fact that it is or may become available for sale is, with the intention of marketing the property, first made public in England and Wales by or on behalf of the seller;

(c)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;

(d)an energy performance certificate is commissioned when a request is made—

(i)which is properly addressed to an energy assessor who is accredited to produce energy performance certificates for the category of building in question, and

(ii)which is in such form, contains all such information and is accompanied by such payment or undertaking to make such payment as is usually necessary to obtain a certificate.]

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