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23.—(1) If the property is not physically complete before or at the first point of marketing, and becomes complete after that time, the responsible person must include in the home information pack the documents which would be required by—
(a)regulation 9(b) (energy performance certificate and recommendation report); or
(b)regulation 9(c) (interim energy assessment).
(2) Where regulation 9(c) (interim energy assessment) applies in relation to the property, the responsible person must include in the pack before 1st October 2007, an energy performance certificate and recommendation report relating to the property.
(3) The documents required to be included in the pack under paragraph (1) must—
(a)be so included before the end of the period of 14 days starting with the day on which the property becomes physically complete; and
(b)replace any document already included in the pack in accordance with regulation 9(d) (predicted energy assessment).
(4) The documents required to be included in the pack under paragraph (2) must replace any document already included in the pack in accordance with regulation 9(c) (interim energy assessment).
(5) The time at which the responsible person includes a document under paragraphs (1) or (2) becomes the first point of marketing for that document—
(a)for the purposes of any provision of these Regulations that requires the age or currency of a pack document to be determined by reference to a period preceding the first point of marketing; and
(b)until such time (if any) as a further first point of marketing arises under regulation 4(4), Part 4 or this Part.
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