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Under the current rules, an Energy Performance Certificate (EPC) in connection with a sale or a letting has to be made available at the 'earliest opportunity'. The legislation goes on to provide that, in any event, an EPC must be made available before entering into a contract to sell or let the building or, if sooner, on whichever is the earlier of the following:
1. The provision of written information to a person who requests information about the building;
2. A viewing of the building by the prospective buyer or tenant.
As a result, the legislation currently specifically requires, in relation to residential property, that an EPC should be commissioned before the property is put on the market (unless an EPC is already available). The seller then has to use all reasonable efforts to secure that it is obtained within 28 days of the property being put on the market.