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The Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008

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Duty of care

21.—(1) Energy assessors shall carry out energy assessments with reasonable care and skill.

(2) The duty imposed by paragraph (1) shall be enforceable by the following persons—

(a)the relevant person;

(b)in the case of an energy performance certificate and recommendation report, any prospective or actual buyer or tenant during the period of validity of the certificate; and

(c)in the case of a display energy certificate and advisory report, the occupier of the building.

(3) Any cause of action arising in relation to the duty imposed by paragraph (1) is deemed not to be an action founded on tort for the purposes of the Limitation (Northern Ireland) Order 1989(1).

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