PART 2Duties relating to Energy Performance Certificates

Energy performance certificates on sale and rent6

1

Subject to regulation 8, this regulation applies where a building is to be sold or rented out.

2

The relevant person shall make available free of charge a valid energy performance certificate to any prospective buyer or tenant—

a

at the earliest opportunity; and

b

in any event no later than whichever is the earlier of—

i

in the case of a person who requests information about the building, the time at which the relevant person first makes available any information in writing about the building to the person; or

ii

in the case of a person who makes a request to view the building, the time at which the person views the building.

3

Paragraph (2) does not apply if the relevant person believes on reasonable grounds that the prospective buyer or tenant—

a

is unlikely to have sufficient means to buy or rent the building;

b

is not genuinely interested in buying or renting a building of a general description which applies to the building; or

c

is not a person to whom the relevant person is likely to be prepared to sell or rent out the building.

4

Nothing in paragraph (3) authorises the doing of anything which constitutes an unlawful act of discrimination.

5

The relevant person must ensure that a valid energy performance certificate has been given free of charge to the person who ultimately becomes the buyer or tenant.