S.L. 623.1 Art. 13Issue of energy performance certificates (EPCs).

(1) The Building and Construction Authority shall ensure that an EPC is issued for:

(a) buildings or building units which are constructed, sold or rented out to a new tenant; and

(b) buildings where a total useful floor area over 2 250m is occupied by a public authority and frequently visited by the public.

(2) The requirement to issue an EPC does not apply where a certificate, issued in accordance with these regulations, for the building or building unit concerned, is available and valid.

(3) The owner of a building shall ensure that when buildings or building units are constructed, sold or rented out, the EPC or a copy thereof is shown to the prospective new tenant or buyer and handed over to the buyer or new tenant, at the latest, before the date of entering the promise of sale or rent agreement. As a derogation from this same sub-regulation (3), if the new owner intends to make a major renovation or demolish the building, the owner may request an exemption to issue an EPC subject to the new owner making a declaration to the Building and Construction Authority that at no time will the existing building be used until such renovation or new construction would have taken place. A new EPC will be required in accordance with such renovation or new built.

(4) Where a building is sold or rented out prior to construction, the seller shall provide a design rating EPC for the building, and which in such case shall be handed over to the buyer or tenant, at the latest, before the date of entering the promise of sale, deed or rent agreement. A copy of the design rating EPC shall also be attached to the promise of sale/deed. If alterations which change the energy performance characteristics of the building have been made during construction, a new EPC has to be provided to the buyer or tenant. These alterations can only be effected by mutual agreement between the parties and have to be recorded by a notarial deed.

(5) The owner or his agent shall ensure that where buildings, building units and building units in a building having an EPC are offered for sale or for rent, the energy performance indicator of the EPC of the building or the building unit, as the case may be, is stated in the advertisements in commercial media in compliance with the Advertising Requirements Guidelines published by the Building and Construction Authority and updated from time to time.

(6) The provisions of this regulation shall be implemented in accordance with applicable national rules on joint ownership or common property.

(7) The categories of buildings referred to in regulation 5(5) shall be excluded from the application of sub-regulations (1), (3), (5) and (6).