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4.—(1) In respect of a building in relation to which, but for the provisions of regulation 34 (exception- first day marketing during a temporary period) of the Home Information Pack (No. 2) Regulations 2007—
(a)a duty under section 155(1) or 159(2) of the Housing Act 2004(1) would apply to any person; and
(b)a duty under the principal regulations to make available a valid energy performance certificate to any prospective buyer or tenant would apply to the relevant person,
the relevant person shall before entering into a contract to sell or rent out that building ensure that a valid energy performance certificate is given free of charge to the prospective buyer or tenant.
(2) The principal regulations, other than regulation 5(2) and (5) (energy performance certificates on sale or rent), shall have effect in relation to the duty imposed by paragraph (1) as if it were a duty under regulation 5(2) or 5(5).
(3) Words and expressions used both in this regulation and in the principal regulations shall have the same meaning in this regulation as they have in the principal regulations.
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