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

Providing energy information with particulars E+W

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

[F1 (a) a [F2 building] is to be sold [F3 or rented out];]

(b) written particulars about the building are prepared for the purpose of providing information about the building to persons who may be interested in buying [F4 or renting] F5 ... the building; and

(c) the written particulars are given to such a person by—

(i) the relevant person; or

(ii) another person on his behalf.

(2) [F6 Once a valid energy performance certificate has been obtained for the building, the person] giving the particulars must ensure that—

F7 (a) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(b) a copy [F8 of the first page] of an energy performance certificate for the building is attached to the particulars.

(3) In this regulation—

[F9 written particulars” means—

(a)

in relation to a building to be sold, any written description of the property which includes at least two of the following—

(i)

a photograph of the building or any room in the building,

(ii)

a floor plan of the building,

(iii)

the size of the rooms in the building, or

(iv)

the measured area of the building;

(b)

in relation to a building to be rented out, any written description of the property which includes at least two of the following—

(i)

a photograph of the building or any room in the building,

(ii)

a floor plan of the building,

(iii)

the size of the rooms in the building, or

(iv)

the measured area of the building; or

(v)

the proposed rent;

and reference to written particulars or a written description includes particulars or a description given or made available electronically.]

[F10 (4)  Where the written particulars are made available and the address of the building is not included in those particulars, the person giving the particulars may, pursuant to paragraph (2), attach a copy of the first page of an energy performance certificate from which the keeper of the register has omitted the address of the building, notwithstanding the requirement to include the address imposed by regulation 11(1)(d)(ii).

(5)  Paragraph (4) does not apply in relation to residential property.

(6)  Paragraph (4) does not permit the omission of the address of the building from an energy performance certificate in any circumstances other than those mentioned in that paragraph.

(7)  In this regulation—

“residential property” means premises in England and Wales consisting of a single dwelling, including ancillary land.]

Textual Amendments

F1 Reg. 6(1)(a) substituted (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(4)(a)(i)

F2 Word in reg. 6(1)(a) substituted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2452), regs. 1(2), 2(5)(a)

F3 Words in reg. 6(1)(a) inserted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2452), regs. 1(2), 2(5)(a)

F4 Words in reg. 6(1)(b) inserted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2452), regs. 1(2), 2(5)(b)

F5 Words in reg. 6(1)(b) omitted (21.5.2010) by virtue of The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010 (S.I. 2010/1456), regs. 1(3), 2(4)(a)(ii)

F6 Words in reg. 6(2) substituted (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(4)(b)

F7 Reg. 6(2)(a) omitted (6.4.2012) by virtue of The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2452), regs. 1(2), 2(5)(c)

F8 Words in reg. 6(2) inserted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2452), regs. 1(2), 2(5)(c)

F9 Words in reg. 6(3) substituted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011 (S.I. 2011/2452), regs. 1(2), 2(5)(d)

F10 Reg. 6(4)-(7) inserted (6.4.2012) by The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2012 (S.I. 2012/809), regs. 1(3), 4

Commencement Information

I1 Reg. 6 in force at 1.6.2007, see reg. 1(4), Sch. 1