Regulation 12 Energy rating

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

reg 12 subst by Energy Performance of Buildings (Certificates and Inspections) 2007 reg 8, sch 2
reg. 12(2)(b) words inserted by Energy Performance of Buildings (Certificates and Inspections) 2008 reg. 4(2)(a)
reg. 12(3) substituted by Energy Performance of Buildings (Certificates and Inspections) 2008 reg. 4(2)(b)

(1)

This regulation applies where a new dwelling is created by building work or by a material change of use in connection with which building work is carried out, and the building work in question is the subject of an initial notice.

(2)

Where this regulation applies, the person carrying out the building work shall calculate the energy rating of the dwelling and give notice of that rating to the approved inspector who gave the initial notice.

(3)

The notice referred to in paragraph (2) shall be given not later than five days after completion of the dwelling, and

(a)

where the dwelling is created by building work, and

(i)

the dwelling is occupied, and

(ii)

no final certificate is given

the notice shall be given not later than the end of the period of eight weeks beginning with the date of occupation; or

(b)

where the dwelling is created by a material change of use in connection with which building work is carried out, and

(i)

the change of use takes place, and

(ii)

no final certificate is given

the notice shall be given not later than the end of the period of eight weeks beginning with the date on which the change of use takes place.

(4)

Where this regulation applies, subject to paragraphs (6) and (8), the person carrying out the building work shall affix, as soon as practicable, in a conspicuous place in the dwelling, a notice stating the energy rating of the dwelling calculated in accordance with paragraph (2).

(5)

The notice referred to in paragraph (4) shall be affixed not later than five days after completion of the dwelling, and, in a case where subparagraph (b) of paragraph (3) applies, not later than the period of eight weeks beginning with the date on which the change of use takes place.

(6)

Subject to paragraph (8), if, on the date the dwelling is first occupied as a residence, no notice has been affixed in the dwelling in accordance with paragraph (4), the person carrying out the building work shall give to the occupier of the dwelling a notice stating the energy rating of the dwelling calculated in accordance with paragraph (2).

(7)

The notice referred to in paragraph (6) shall be given not later than five days after completion of the dwelling, and, in a case where subparagraph (a) of paragraph (3) applies, not later than the end of the period of eight weeks beginning with the date of occupation of the dwelling.

(8)

Paragraphs (4) and (6) shall not apply in a case where the person carrying out the work intends to occupy, or occupies, the dwelling as a residence.