PART 3Minimum level of energy efficiency

CHAPTER 1Interpretation of Part 3

Non-domestic PR property20

1

For the purposes of this Part, “non-domestic PR property” means a property which falls within section 42(1)(b) of the Act, subject to paragraphs (2) and (3).

2

A property is not a non-domestic PR property if—

a

it was not required, and is not part of a building which was required, to have an energy performance certificate by the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007, and

b

it is not required, and is not part of a building which is required, to have an energy performance certificate by the Building Regulations 2010 or the EPB Regulations.

3

A property is not a non-domestic PR property if it is let—

a

on a tenancy granted for a term certain not exceeding six months, unless—

i

the tenancy agreement contains provision for renewing the term or for extending it beyond six months from its beginning, or

ii

at the time when the tenancy is granted, the tenant has been in occupation for a continuous period which exceeds 12 months, or

b

on a tenancy granted for a term certain of 99 years or more.