The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2008
| Jurisdiction | UK Non-devolved |
2008 No. 647
Building And Buildings, England And Wales
The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2008
Made 6th March 2008
Laid before Parliament 13th March 2008
Coming into force 6th April 2008
The Secretary of State is a Minister designated1for the purposes of section 2(2) of the European Communities Act 19722in relation to measures relating to the energy performance of buildings. She makes the following regulations in exercise of the powers conferred by that section and by section 1(1)3of, and paragraphs 84and 10 of Schedule 1 to, the Building Act 19845.
Citation, extent and commencement
1.—(1) These Regulations may be cited as the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) (Amendment) Regulations 2008.
(2) These Regulations extend to England and Wales.
(3) These Regulations shall come into force on 6th April 2008.
Amendments to the principal regulations
2.—(1) The Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 20076are amended as follows.
(2) In regulation 14 (purposes for which certificates and recommendation reports may be disclosed), after paragraph (2)(e), insert—
“(ee)
“(ee) where the disclosure is by or to a local authority for a purpose legitimately connected to their duty under section 91 of the Building Act 19847;”.
(3) For regulation 32 (fees for entering documents on the register), substitute—
“32.—(1) The keeper of the register may charge the following fees for entering documents on the register—
(a)
(a) for entering an energy performance certificate and recommendation report which relate to a dwelling under regulation 31(1)(a), a fee of £1.15;
(b)
(b) for entering an energy performance certificate and recommendation report which relate to any other type of building under regulation 31(1)(a), a fee of £5.36;
(c)
(c) for entering a display energy certificate under regulation 31(1)(b), a fee of £5.36; and
(d)
(d) for entering both a display energy certificate under regulation 31(1)(b) and an advisory report under regulation 31(1)(c), a fee of £5.36.”.
(4) At the end of regulation 36 (disclosures to enforcement authorities), insert “or to an authorised officer of a local authority”.
(5) After regulation 50 (duty to cooperate), insert—
“Transitional arrangements – property on market at commencement
51.—(1) Subject to paragraphs (7) to (9), regulation 5 does not impose any duty in relation to a building to which this regulation applies.
(2) This regulation applies to a building where—
(a)
(a) the building is not one in respect of which a duty under section 155(1) or 159(2) of the Housing Act 20048applies to any person;
(b)
(b) the building is put on the market by or on behalf of a relevant person before the commencement date;
(c)
(c) action taken at any time before the commencement date by or on behalf of the relevant person, made public the fact that the building was on the market;
(d)
(d) such action was taken with the intention of selling or letting the building before the commencement date;
(e)
(e) such action was sustained to a reasonable extent after it was put on the market and until the commencement date; and
(f)
(f) on the commencement date, the building remains on the market.
(3) A building is put on the market when the fact that the building is or may be available for sale or rent is, with the intention of marketing the building on the property market in England and Wales, first made public in England and Wales by or on behalf of the relevant person.
(4) A fact is made public when it is advertised or otherwise communicated (in whatever form and by whatever means) to the public or to a section of the public.
(5) Where paragraph (1) applies, when contracts are entered into for the sale or rental of the building, the relevant person must, if it has not already been done—
(a)
(a) make a request which complies with regulation 42(2) for an energy...
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