Regulation 18A Defence where failure to comply with regulation 5AF1
An owner is not liable to a penalty charge for a breach of the duty imposed by regulation 5A if it can be demonstrated that the instructions for the placement of the advertisement offering the building or building unit for sale or let included—
(a)
a requirement that the energy performance indicator for that building or building unit is stated in the advertisement; and
(b)
sufficient information to enable that energy performance indicator to have been stated in the advertisement.
Annotations
Textual amendments
- F1
Reg. 18A inserted (9.1.2013) by The Energy Performance of Buildings (Scotland) Amendment (No. 2) Regulations 2012 (S.S.I. 2012/208), regs. 1(2), 18 (with reg. 19)