The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2010

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

2.—(1) The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007(1) 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 marketing

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.”.

(4) In regulation 6(2) (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 11(3) (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),”.

(1)

S.I. 2007/991.

(2)

Regulation 6(1)(a) was amended by S.I. 2007/1669.

(3)

Regulation 11(4) was amended by S.I. 2008/2363 and regulation 11(5) was substituted by S.I. 2007/1669.