2010 No. 1456
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010
Made
Laid before Parliament
Coming into force
The Secretary of State is a Minister designated1 for the purposes of section 2(2) of the European Communities Act 19722 in relation to measures in relation to the environment.
The Secretary of State makes the following Regulations in exercise of the power conferred by section 2(2) of that Act:
Citation, extent and commencement1
1
These Regulations may be cited as the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010.
2
These Regulations extend to England and Wales.
3
These Regulations shall come into force on 21st May 2010.
Amendment of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 20072
1
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 20073 are amended as follows.
2
In regulation 2 (interpretation), in paragraph (1) after the definition of “relevant person” insert—
“residential property” means premises in England and Wales consisting of a single dwelling, including any ancillary land.
3
After regulation 5 (energy performance certificates on sale and rent) insert—
Energy performance certificates on marketing5A
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.
4
In regulation 64 (providing energy information with particulars)—
a
in paragraph (1)—
i
for sub-paragraph (a) substitute—
a
a residential property is to be sold;
ii
in sub-paragraph (b) omit “or renting”;
b
in paragraph (2) for “The person” substitute “Once a valid energy performance certificate has been obtained for the building, the person”.
5
In regulation 7 (buildings to be demolished), in paragraph (1) after “5” insert “, 5A”.
6
In regulation 115 (energy performance certificates)—
a
in paragraph (3) for “Subject to paragraph (4), an” substitute “An”;
b
omit paragraphs (4) and (5).
7
In regulation 14 (purposes for which certificates and recommendation reports may be disclosed), in paragraph (2)(a)—
a
omit “or” at the end of paragraph (i);
b
omit paragraph (ii).
8
In regulation 38 (enforcement authorities), in paragraph (2) after “5(5),” insert “5A(2), 5A(3), 5A(4),”.
9
In regulation 40 (penalty charge notices)—
a
in paragraph (1) after “5(5),” insert “5A(2), 5A(3), 5A(4),”;
b
in paragraph (7)(b) omit “41 or”.
10
Omit regulation 41 (penalties under Housing Act 2004).
11
In regulation 42 (defence where energy performance certificate unobtainable)—
a
in paragraph (1)(a) at the beginning insert “he is not a person to whom the duty under regulation 5A(2) applies and”;
b
after paragraph (1) insert—
1A
A seller of a residential property shall not be liable to a penalty charge notice for a breach of the duty imposed by regulation 5 where he can demonstrate that—
a
he is a person to whom the duty under regulation 5A(2) applies;
b
he complied with that duty; and
c
despite all reasonable efforts and enquiries by the seller he did not have in his possession or control a valid energy performance certificate at the relevant time.
12
In regulation 43 (penalty amount), in paragraph (1)(a), after “5(5),” insert “5A(2), 5A(3), 5A(4),”.
(This note is not part of the Regulations)