- Latest available (Revised)
- Point in Time (01/10/2015)
- Original (As made)
Version Superseded: 06/04/2016
Point in time view as at 01/10/2015. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
The Building Regulations 2010, Section 29 is up to date with all changes known to be in force on or before 03 September 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
29.—(1) This regulation applies where—
(a)a building is erected M1; or
(b)a building is modified so that it has a greater or lesser number of parts designed or altered for separate use than it previously had, where the modification includes the provision or extension of any of the fixed services for heating, hot water, air conditioning or mechanical ventilation.
(2) The person carrying out the work shall—
(a)give an energy performance certificate for the building to the owner of the building; and
(b)give to the local authority notice to that effect, including the reference number under which the energy performance certificate has been registered in accordance with regulation 30(4).
(3) The energy performance certificate and notice shall be given not later than five days after the work has been completed.
(4) An energy performance certificate must—
(a)express the asset rating of the building in a way approved by the Secretary of State under regulation 24;
(b)include a reference value such as a current legal standard or benchmark;
(c)be issued by an energy assessor who is accredited to produce energy performance certificates for F1[F2the category of building to which the certificate relates]; F3F4...
F5[F6(cc)include a recommendation report unless there is no reasonable potential for energy performance improvements (in terms of the applicable energy efficiency requirements);
(cd)be valid in accordance with paragraph (9); and]
(d)include the following information—
F7[F8(i)the reference number under which the set of data from which the certificate may be produced has been entered onto the register in accordance with regulation 30(4);]
(ii)the address of the building, or in the case of a portable building the address of the owner;
(iii)an estimate of the total useful floor area of the building; [F9and]
F10(iv). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F11(v). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(vi)the date on which it was issued [F12.]
F13(vii). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
[F14(e)where it relates to a building which is a green deal property, include the information specified in Schedule 4A in connection with each green deal plan that has been entered into in respect of that green deal property and for which payments are still to be made under that plan.]
F15F16(5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(6) Certification for apartments or units designed or altered for separate use in blocks may be based—
(a)except in the case of a dwelling, on a common certification of the whole building for blocks with a common heating system; or
(b)on the assessment of another representative apartment or unit in the same block.
(7) Where—
(a)a block with a common heating system is divided into parts designed or altered for separate use; and
(b)one or more, but not all, of the parts are dwellings,
certification for those parts which are not dwellings may be based on a common certification of all the parts which are not dwellings.
F17[F18(8) Certification for a building which consists of a single dwelling may be based on the assessment of another representative building of similar design and size with a similar actual energy performance quality, provided such correspondence is guaranteed by the energy assessor issuing the energy performance certificate.
(9) An energy performance certificate is only valid if—
(a)it was entered on the register no more than 10 years before the date on which it is made available; and
(b)no other energy performance certificate for the building has since been entered on the register.
[F19(9A) An energy performance certificate is only valid for the purposes of complying with the green deal disclosure obligations if it was—
(a)issued by an energy assessor; or
(b)produced under regulation 30 of the Energy Performance of Buildings (England and Wales) Regulations 2012 pursuant to a request for the disclosure of general access data relating to a green deal property,
no more than twelve months before the date on which the energy performance certificate is provided in connection with those obligations.]
(10) An energy performance certificate must not contain any information or data (except for the address of the building) from which a living individual (other than the energy assessor or his employer) can be identified.]
[F20(11) An energy performance certificate must not contain any information relating to a green deal plan for which the payment period has finished.
(12) In this regulation, “green deal plan” has the meaning given in section 1 of the Energy Act 2011.]
Textual Amendments
F1Words in reg. 29(4)(c) substituted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 16(a) (with reg. 1(2)(3))
F2Words in reg. 29(4)(c) substituted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 18(a), Sch. 1 (with reg. 1(3)(4), 45-47)
F3Word in reg. 29(4)(c) omitted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 18(b)(i), Sch. 1 (with reg. 1(3)(4), 45-47)
F4Word in reg. 29(4)(c) omitted (W. for remaining purposes) (19.4.2013) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 16(b)(i) (with reg. 1(2)(3))
F5Reg. 29(4)(cc)(cd) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 16(b)(ii) (with reg. 1(2)(3))
F6Reg. 29(4)(cc)(cd) inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 18(b)(ii), Sch. 1 (with reg. 1(3)(4), 45-47)
F7Reg. 29(4)(d)(i) substituted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 16(c) (with reg. 1(2)(3))
F8Reg. 29(4)(d)(i) substituted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 18(c), Sch. 1 (with reg. 1(3)(4), 45-47)
F9Word in reg. 29(4)(d)(iii) 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), 11(1)(a)
F10Reg. 29(4)(d)(iv) omitted (6.4.2012) by virtue of The Energy Performance of Buildings (Certificates and Inspections)(England and Wales)(Amendment) Regulations 2012 (S.I. 2012/809), regs. 1(3), 11(1)(b)
F11Reg. 29(4)(d)(v) omitted (6.4.2012) by virtue of The Energy Performance of Buildings (Certificates and Inspections)(England and Wales)(Amendment) Regulations 2012 (S.I. 2012/809), regs. 1(3), 11(1)(b)
F12Word in reg. 29(4)(d)(vi) substituted (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), 11(1)(c)
F13Reg. 29(4)(d)(vii) omitted (6.4.2012) by virtue of The Energy Performance of Buildings (Certificates and Inspections)(England and Wales)(Amendment) Regulations 2012 (S.I. 2012/809), regs. 1(3), 11(1)(b)
F14Reg. 29(4)(e) inserted (27.1.2013) by The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 (S.I. 2013/10), regs. 1(1), 5(2)
F15Reg. 29(5) omitted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by virtue of The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 18(d), Sch. 1 (with reg. 1(3)(4), 45-47)
F16Reg. 29(5) omitted (W. for remaining purposes) (19.4.2013) by virtue of The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 16(d) (with reg. 1(2)(3))
F17Reg. 29(8)(9)(10) inserted (W. for remaining purposes) (19.4.2013) by The Building Regulations &c. (Amendment) (Wales) Regulations 2013 (S.I. 2013/747), regs. 1(4), 16(e) (with reg. 1(2)(3))
F18Reg. 29(8)-(10) inserted (E., but only in relation to educational buildings and buildings of statutory undertakers in W., Crown buildings in W., building work carried out or proposed to be carried out by Crown authorities in W., and excepted energy buildings in W.) (9.1.2013) by The Building Regulations &c. (Amendment) Regulations 2012 (S.I. 2012/3119), reg. 18(e), Sch. 1 (with reg. 1(3)(4), 45-47)
F19Reg. 29(9A) inserted (27.1.2013) by The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 (S.I. 2013/10), regs. 1(1), 5(3)
F20Reg. 29(11)(12) inserted (27.1.2013) by The Energy Performance of Buildings (England and Wales) etc. (Amendment) Regulations 2013 (S.I. 2013/10), regs. 1(1), 5(4)
Modifications etc. (not altering text)
C1Reg. 29 applied (with modifications) (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(1)
C2Reg. 29(3) modified (1.10.2010) by The Building (Approved Inspectors etc.) Regulations 2010 (S.I. 2010/2215), regs. 1, 20(3)
Marginal Citations
M1Regulation 9 of S.I. 2007/991 contains a requirement to provide an energy performance certificate five days after the completion of construction work on certain buildings exempt from these Regulations.
The Whole Instrument you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Explanatory Memorandum sets out a brief statement of the purpose of a Statutory Instrument and provides information about its policy objective and policy implications. They aim to make the Statutory Instrument accessible to readers who are not legally qualified and accompany any Statutory Instrument or Draft Statutory Instrument laid before Parliament from June 2004 onwards.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Impact Assessments generally accompany all UK Government interventions of a regulatory nature that affect the private sector, civil society organisations and public services. They apply regardless of whether the regulation originates from a domestic or international source and can accompany primary (Acts etc) and secondary legislation (SIs). An Impact Assessment allows those with an interest in the policy area to understand:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: