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The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007
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- UK Statutory Instruments
- 2007 No. 991
- PART 2
- Regulation 5A
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Changes over time for: Section 5A
Version Superseded: 09/01/2013
Alternative versions:
- 21/05/2010- Amendment
- 06/04/2012- Amendment
- 06/04/2012
Point in time - 09/01/2013- Amendment
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Point in time view as at 06/04/2012. This version of this provision has been superseded.
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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 F2... [F3building] is to be sold [F4or rented out]; and
(b)no valid energy performance certificate is available for that [F3building].
(2) Before the [F3building] is put on the market, the [F5relevant person] must secure that an energy performance certificate is commissioned for the [F3building].
(3) Before marketing the [F3building], a person acting on behalf of the [F5relevant person] must be satisfied that an energy performance certificate has been commissioned for the [F3building].
(4) The [F5relevant person] and a person acting on behalf of the [F5relevant person] must use all reasonable efforts to secure that a valid energy performance certificate is obtained for the [F3building] before the end of a period of [F67] days starting with the day on which the [F3building] was first put on the market.
[F7(4A) Where any person subject to the duty in paragraph (4) is unable, despite using all reasonable efforts, to secure that a valid energy performance certificate is obtained for the building before the end of the 7 day period specified in that paragraph, the person shall secure that the certificate is obtained before the end of the period of 21 days immediately following the 7 day period.]
(5) In this regulation—
(a)the market” means the F8... property market in England and Wales;
(b)a F9... [F3building] is put on the market when the fact that it is or may become available for sale [F10or rent] is, with the intention of marketing the [F3building], first made public in England and Wales by or on behalf of the [F5relevant person];
(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.]
Textual Amendments
F1Reg. 5A inserted (21.5.2010) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010 (S.I. 2010/1456), regs. 1(3), 2(3)
F2Word in reg. 5A(1)(a) omitted (6.4.2012) by virtue of The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (revoked) 2011 (S.I. 2011/2452), regs. 1(2), 2(4)(b) (with reg. 4)
F3Word in reg. 5A substituted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (revoked) 2011 (S.I. 2011/2452), regs. 1(2), 2(4)(a)(i) (with reg. 4)
F4Words in reg. 5A(1)(a) inserted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (revoked) 2011 (S.I. 2011/2452), regs. 1(2), 2(4)(b) (with reg. 4)
F5Words in reg. 5A substituted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (revoked) 2011 (S.I. 2011/2452), regs. 1(2), 2(4)(a)(ii) (with reg. 4)
F6Word in reg. 5A(4) substituted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (revoked) 2011 (S.I. 2011/2452), regs. 1(2), 2(4)(c) (with reg. 4)
F7Reg. 5A(4A) inserted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (revoked) 2011 (S.I. 2011/2452), regs. 1(2), 2(4)(d) (with reg. 4)
F8Word in reg. 5A(5)(a) omitted (6.4.2012) by virtue of The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (revoked) 2011 (S.I. 2011/2452), regs. 1(2), 2(4)(e)(i) (with reg. 4)
F9Word in reg. 5A(5)(b) omitted (6.4.2012) by virtue of The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (revoked) 2011 (S.I. 2011/2452), regs. 1(2), 2(4)(e)(i) (with reg. 4)
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