The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 No. 208

Defence where failure to comply with regulation 5A S

18.  After regulation 18 (defence where energy performance certificate unobtainable) insert—

“Defence where failure to comply with regulation 5A

18A.   An owner is not liable to a penalty charge for a breach of the duty imposed by regulation 5A if it can be demonstrated that the instructions for the placement of the advertisement offering the building or building unit for sale or let included—

(a) a requirement that the energy performance indicator for that building or building unit is stated in the advertisement; and

(b) sufficient information to enable that energy performance indicator to have been stated in the advertisement.”.