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Regulation 38 Saving and transitional provisionsI1

Scotland

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

(1)

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)

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,

(b)

a property report is to be treated as a reference either to a property report or an existing recommendations report.

(2)

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

(3)

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.

(4)

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 F130 April 2028 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)

          F230 April 2029,

      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 F330 April 2028 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)

          F430 April 2029,

      3. (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,

    2. (b)

      for the purposes of regulation 13, the period beginning on F630 April 2028 and ending on (and including) 30 April 2033,

  • “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.