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The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007

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Penalties under Housing Act 2004

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41.—(1) This regulation applies where, at the time the relevant person is subject to the duty in regulation 5, he is also subject to a duty under Part 5 of the Housing Act 2004 (“a Housing Act duty”) in relation to the same building.

(2) A relevant person shall not be liable to a penalty charge notice for a breach of the duty imposed by regulation 5 in circumstances where—

(a)a penalty charge notice has been given to him under section 168 of the Housing Act 2004—

(i)in relation to a breach of a Housing Act duty; and

(ii)that breach relates to or includes a failure to make available a valid energy performance certificate or recommendation report; and

(b)the penalty charge notice has not been withdrawn or quashed in accordance with the provisions of Schedule 8 to that Act.

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