The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2011

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

2.—(1) Parts 1 and 2 of the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (“the 2007 Regulations”)(1) are amended as follows.

(2) In regulation 2(1) (interpretation) omit the definition of “residential property”.

(3) In regulation 5 (energy performance certificates on sale and rent) in paragraph (2)(b), omit “before entering into a contract to sell or rent out the building or, if sooner”.

(4) In regulation 5A (energy performance certificates on marketing)—

(a) (i) except in sub-paragraph (5)(a), for “property” substitute “building”, and

(ii) for “seller” substitute “relevant person”,

in each place in which those words appear;

(b) in paragraph (1)(a), omit “residential” and after “sold” insert “or rented out”;

(c) in paragraph (4) for “28” substitute “7”;

(d) after paragraph (4) insert—

“(4A) Where any person subject to the duty in paragraph (4) is unable, despite using all reasonable efforts, to secure that a valid energy performance certificate is obtained for the building before the end of the 7 day period specified in that paragraph, the person shall secure that the certificate is obtained before the end of the period of 21 days immediately following the 7 day period.”;

(e) in paragraph (5)—

(i) in sub-paragraphs (a) and (b), omit “residential”, and

(ii) after “sale” insert “or rent”.

(5) In regulation 6 (providing energy information with particulars)—

(a) in paragraph (1)(a) for “residential property” substitute “building” and after “sold” insert “or rented out”;

(b) in paragraph (1)(b) after “buying” insert “or renting”;

(c) in paragraph (2), omit sub-paragraph (a), and in the remaining sub-paragraph, after the words “a copy” insert “of the first page”;

(d) for the definition in paragraph (3) substitute the following—

““written particulars” means—

(a)

in relation to a building to be sold, any written description of the property which includes at least two of the following—

(i)

a photograph of the building or any room in the building,

(ii)

a floor plan of the building,

(iii)

the size of the rooms in the building, or

(iv)

the measured area of the building;

(b)

in relation to a building to be rented out, any written description of the property which includes at least two of the following—

(i)

a photograph of the building or any room in the building,

(ii)

a floor plan of the building,

(iii)

the size of the rooms in the building,

(iv)

the measured area of the building, or

(v)

the proposed rent;

and reference to written particulars or a written description includes particulars or a description given or made available electronically..”.

(e) after paragraph (3) insert—

“(4) Where written particulars are made available and the address of the building is not included in those particulars, the person mentioned in paragraph (1)(c) may omit the address of the building from the copy of the first page of the energy performance certificate attached to the particulars in accordance with paragraph (2), notwithstanding the requirement to include the address imposed by regulation 11(1)(d)(ii).

(5) Paragraph (4) does not permit the omission of the address of the building from a certificate in any circumstances other than those mentioned in that paragraph.”.

(1)

S.I. 2007/991, amended by S.I. 2007/1669, S.I. 2007/3302, S.I. 2008/647, S.I. 2008/2363, S.I. 2010/1456, and S.I. 2011/1515.