“It is probably fair to say that we should expect some amending regulations any time soon…”
As anticipated, The Energy Performance of Buildings (England and Wales) Regulations 2012 (“the EPB Regulations) which have been in force since 9 January 2013 have been swiftly amended.
The Building Regulations &c. (Amendment) Regulations 2013 include provisions to correct an error in the original EPB Regulations which created a requirement for an EPC on the sale or letting of the whole of a building but did not create the same requirement on the sale or letting of a “building unit” (i.e. part of a building). Now, regulation 9 of the Building Regulations &c. (Amendment) Regulations 2013 provides that, in regulation 2 of the EPB Regulations, the definition of a “building” (other than in regulations 9(4) and 11 – which already adequately deal with the differences between a building and a building unit) includes a reference to a building unit in that building.