Regulation 38 Saving and transitional provisions

During the relevant period the reference in regulation 5 (energy performance certificates on sale or rent) and in regulation 13 (display of energy performance certificates) to—

Paragraph (1) does not apply in respect of a building or building unit which is a newly constructed property.

During the relevant period the reference in regulation 7 (advertisement for sale or let of a building or building unit) to energy performance indicators is to be treated as a reference to either the energy performance indicators or the energy performance indicator within the meaning of the 2008 Regulations.

In this regulation—

• “existing recommendations report” means a recommendations report prepared in accordance with regulation 6A of the 2008 Regulations in relation to an existing valid energy performance certificate,

• “existing valid energy performance certificate” means a valid energy performance certificate issued in accordance with the 2008 Regulations,

• “relevant period” means—

  1. (a)

     for the purposes of regulations 5 and 7—

     1. (i)

        in respect of the sale of a building or building unit, the period beginning on 31 October 2026 and ending on (and including) the earlier of—

        1. (aa)

           the date on which the building or building unit is first sold after that date,

        2. (bb)

           31 October 2027,

     2. (ii)

        in respect of the letting of a building or building unit (other than letting as a short-term let), the period beginning on 31 October 2026 and ending on (and including) the earlier of—

        1. (aa)

           the date on which the building or building unit is first let after that date,

        2. (bb)

           31 October 2027,

     3. (iii)

        in respect of the letting of a building or building unit as a short-term let, the period beginning on 31 October 2026 and ending on (and including) 31 October 2027,

  2. (b)

     for the purposes of regulation 13, the period beginning on 31 October 2026 and ending on (and including) 31 October 2031,

• “short-term let” has the same meaning as in the Civic Government(Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022^f1.