Amendments consequential upon regulation 2
3. In consequence of regulation 2—
(a)after regulation 1(2) (citation and commencement) of the principal Regulations, add—
“(3) Regulation 8(ca) and (cb) and Schedule 2A apply in relation to properties located or to be located in England.
(4) The remaining provisions of these Regulations apply in relation to properties located or to be located in England or Wales.”
(b)in regulation 2(1) (interpretation – general provisions) of the principal Regulations, add in the appropriate place each of the following paragraphs—
““finished” in regulation 8(ca) and (cb) refers to the stage at which the construction of a property is sufficiently advanced so as to make a post-construction assessment (within the meaning of Schedule 2A) possible;
“interim sustainability certificate” means the document required by regulation 8(cb)(i), which must comply with paragraph 3 of Schedule 2A;
“new home” in regulation 8(ca) and (cb) means—
a property being designed;
a property being constructed; or
a property, the construction of which is finished, but has never been occupied;
“nil-rated certificate” means the document required by regulation 8(ca)(ii) or (cb)(ii) which must comply with paragraph 4 of Schedule 2A;
“sustainability certificate” means the document required by regulation 8(ca)(i) which must comply with paragraph 2 of Schedule 2A;”;
(c)in regulation 13(b), delete “then”;
(d)after regulation 13(b) (order of pack documents) of the principal Regulations, add—
“(ba)thirdly—
(i)such of the documents as are required by regulation 8(ca) (sustainability of finished new homes); or
(ii)such of the documents as are required by regulation 8(cb) (sustainability of new homes not finished); then”;
(e)after regulation 14(1)(c) (time at which pack documents are to be included), add
“(ca)paragraph (ca) (sustainability of finished new homes);
(cb)paragraph (cb) (sustainability of new homes not finished);”;
(f)after regulation 22 (updating of predicted energy assessment), add—
“Updating of sustainability information for new homes
22A.—(1) If the property is not finished before or at the first point of marketing, and becomes finished after that time, the responsible person must replace any interim sustainability certificate included in the pack with—
(a)a sustainability certificate if a post-construction assessment of the property has taken place; or
(b)a nil-rated certificate if no such assessment has taken place.
(2) The document required to be included in the pack—
(a)under paragraph (1)(a) must be so included before the end of the period of 21 days starting with the day on which the post-construction assessment takes place; or
(b)under paragraph (1)(b) must be so included before the end of the period of 7 days starting with the day on which the property is finished.
(3) The responsible person may at any time replace a nil-rated certificate—
(a)with a sustainability certificate, where the property is finished; or
(b)with an interim sustainability certificate, where the property is not finished.
(4) In this regulation, “finished” and “post-construction assessment” have the same meaning as in paragraph 1 of Schedule 2A.”; and
(g)after regulation 34 add—
“Exception – transitional measure relating to regulation 8(ca) and (cb)
34A. Regulation 8(ca) and (cb) do not apply to properties in relation to which any of the following documents have been received by a local authority before 1st May 2008—
(a)a notice given under regulation 12(2A)(a) of the Building Regulations 2000(1) (building notices);
(b)documents deposited under regulation 12(2A)(b) of those Regulations (full plans); or
(c)a notice given under section 47(1)(a) of the Building Act 1984(2) (initial notices).”
S.I. 2000/2531. Paragraph (2A) was substituted by S.I. 2006/652.
1984 c. 55. There are amendments to subsection (1) which are not relevant to these Regulations.