Regulation 38 Saving and transitional provisionsI1
Scotland
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—
a valid energy performance certificate is to be treated as a reference to either a valid energy performance certificate issued in accordance with these Regulations or an existing valid energy performance certificate,
a property report is to be treated as a reference either to a property report or an existing recommendations report.
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—
- (a)
for the purposes of regulations 5 and 7—
- (i)
- (ii)
- (iii)
in respect of the letting of a building or building unit as a short-term let, the period beginning on F530 April 2028 and ending on (and including) 30 April 2029,
- (b)
for the purposes of regulation 13, the period beginning on F630 April 2028 and ending on (and including) 30 April 2033,
- (a)
“short-term let” has the same meaning as in the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022f1.
Annotations
Textual amendments
- F1
Words in reg. 38(4) substituted (30.10.2026) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2026 (S.S.I. 2026/322), regs. 1(2), 3(4)(a)
- F2
Words in reg. 38(4) substituted (30.10.2026) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2026 (S.S.I. 2026/322), regs. 1(2), 3(4)(b)
- F3
Words in reg. 38(4) substituted (30.10.2026) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2026 (S.S.I. 2026/322), regs. 1(2), 3(4)(c)
- F4
Words in reg. 38(4) substituted (30.10.2026) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2026 (S.S.I. 2026/322), regs. 1(2), 3(4)(d)
- F5
Words in reg. 38(4) substituted (30.10.2026) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2026 (S.S.I. 2026/322), regs. 1(2), 3(4)(e)
- F6
Words in reg. 38(4) substituted (30.10.2026) by The Energy Performance of Buildings (Scotland) Amendment Regulations 2026 (S.S.I. 2026/322), regs. 1(2), 3(4)(f)
Commencement
- I1
Reg. 38 in force at 30.4.2028, see reg. 1(2) (as amended by S.S.I. 2026/223, reg. 3(2))
Footnotes
- f1
-
S.S.I. 2022/32 as amended by S.S.I. 2024/227.