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| | For other Amendment(s) see the following page(s):
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| | Clause 9, page 9, line 5, leave out ‘may’ and insert ‘shall’. |
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| | | Energy performance certificates on sale and rent |
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| | To move the following Clause:— |
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| | | ‘(1) | A valid energy performance certificate prepared in accordance with the Energy |
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| | | Performance of Buildings (Certificates and Inspections) (England and Wales) |
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| | | Regulations 2007 (S.I. 2007/991) (for the purposes of this section “the |
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| | | Regulations”) must be provided free of charge to every prospective buyer or |
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| | | tenant at the earliest opportunity in accordance with Regulation 4 of the |
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| | | Regulations as amended by this Act. |
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| | | (2) | All materials used for the marketing of a property for either rent or sale shall |
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| | | include the asset rating of the building expressed in the way required by |
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| | | Regulation 11(a) of the Regulations. |
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| | | (3) | All written particulars about a building prepared for the purpose of providing |
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| | | information about the building to persons who may be interested in buying or |
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| | | renting the building must include a copy of a valid energy performance certificate |
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| | | for the building prepared in accordance with the Regulations. |
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| | | (4) | An energy performance certificate is only valid if it was issued no more than one |
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| | | year before the date on which it is made available.’.
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| | | Member’s explanatory statement
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| | | Provides for energy ratings to be part of marketing materials for both rental and sale properties; |
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| | | for EPCs to be provided rather than simply made available; and for EPCs to have a life of one |
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| | Schedule 1, page 85, line 39, at end add— |
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| | | ‘Energy Performance of Buildings (Certificates and Inspections) Regulations 2007 |
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| | | 13 | The Energy Performance of Buildings (Certificates and Inspections) |
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| | | Regulations 2007 are amended in accordance with paragraphs 14 to 22. |
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| | | 14 | In paragraph (2) of Regulation 5 for “make available” substitute “provide”. |
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| | | 15 | Regulation 5A is repealed and replaced with a new Regulation 5A as follows— |
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| | | “Providing energy information on marketing |
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| | | 5A (1) | Subject to Regulation 7, this regulation applies where— |
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| | | (a) | a property is to be sold or rented, |
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| | | (b) | marketing materials are prepared for the purposes of |
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| | | marketing the property to persons who may be interested in |
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| | | buying or renting the property, |
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| | | (c) | those marketing materials are made available publicly or to |
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| | | any person who may be interested in buying or renting the |
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| | | property by the relevant person or by another person on his |
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| | | (2) | The marketing material must include the asset rating of the building |
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| | | expressed in the way required by Regulation 11(1)(a). |
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| | | (3) | In this regulation “marketing materials” means any written or |
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| | | photographic materials whether electronic or physical, used for the |
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| | | marketing of a property for sale or rent.”. |
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| | | 16 | Regulation 6 is amended as follows— |
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| | | (a) | in paragraph (1)(a) remove the word “residential”, |
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| | | (b) | in paragraph (1)(a) after “to be sold”, insert “or rented”, |
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| | | (c) | in paragraph (1)(b) after “in buying”, insert “or renting”, |
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| | | (d) | in paragraph (2) for “once a valid energy performance certificate has |
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| | | been obtained for the buildings the person” substitute “The person”. |
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| | | 17 | Regulation 11 is amended as follows— |
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| | | (a) | in paragraph (1)(d) after sub-paragraph (vii), insert— |
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| | | “(viii) | whether the property is subject to a green |
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| | | deal plan under part 1 of the Energy Bill |
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| | | (b) | in paragraph (3)(a) for “10 years” substitute “one year”. |
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| | | 18 | In paragraph (2) of Regulation 38 remove the words “5A(3), 5A(4)”. |
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| | | 19 | In paragraph (1) of Regulation 40 remove the words “5A(3), 5A(4)”. |
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| | | 20 | Regulation 42 is amended as follows— |
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| | | (a) | in paragraph (1)(a) remove the words “he is not a person to whom the |
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| | | duty under Section 5A(2) applies”, |
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| | | (b) | in paragraph (1)(b) for “make available” substitute “provide”, |
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| | | (c) | remove paragraph (1A) of Regulation 42. |
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| | | 21 | In paragraph (1)(a) of Regulation 43 remove the words “5A(3), 5A(4)”. |
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