5.—(1) Subject to regulation 7, 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 before entering into a contract to sell or rent out the building or, if sooner, 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.