Regulation 24: Relevant energy efficiency improvements, The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015

Subject to paragraph (2), for the purposes of paragraph (a) in the definition of "relevant energy efficiency improvements" in section 43(4) of the Act, a relevant energy efficiency improvement is an energy efficiency improvement—

which—

falls within sub-paragraph (a) of the definition of "energy efficiency improvement" in regulation 2(1) and is listed in the Schedule to the Green Deal (Qualifying Energy Improvements) Order 2012, and

is identified as a recommended improvement for that property in a green deal report, a recommendation report, or a report prepared by a surveyor, or

which falls within sub-paragraph (b) of the definition of "energy efficiency improvement" in regulation 2(1).

An energy efficiency improvement which falls within any of paragraphs (d), (n) or (v) of the Schedule to the Green Deal (Qualifying Energy Improvements) Order 2012 is not a relevant energy efficiency improvement where the landlord has obtained a written opinion from—

a relevant person, or

an independent installer of the energy efficiency improvement in question who meets the relevant installer standards,

advising that it is not an appropriate improvement, due to its potential negative impact on the fabric or structure of the domestic PR property, or the building of which it forms part, and the landlord has registered information in accordance with regulation 36(2).

For the purposes of paragraph (b)(iv) in the definition of "relevant energy efficiency improvements" in section 43(4) of the Act, an energy efficiency improvement is a relevant energy efficiency improvement where the cost (including value added tax) of purchasing and installing it—

can be wholly financed, at no cost to the landlord, by means of funding provided by central government, a local authority, or any other person, ...

can be wholly financed by a combination of two or more of the financial arrangements in paragraph (a), and paragraph (b)(i) to (iii) in the definition of "relevant energy efficiency improvements" in section 43(4) of the Act,

is not more than the cost cap and can be partly financed by the landlord and partly by one or more of the financial arrangements in sub-paragraph (a) and paragraph (b)(i) and (ii) in the definition of "relevant energy efficiency improvements" in section 43(4) of the Act, or

is not more than the cost cap and can be wholly financed by the landlord.

In paragraph (3) and in the Schedule, "the cost cap" means £3,500 less—

the total sum (including value added tax) spent by the landlord on unregistered energy efficiency improvements made to the property in the period beginning with 1st October 2017 and ending with 31st March 2019, and

the total cost (including value added tax) of unregistered energy efficiency improvements made to the property on or after 1st April 2019.

In paragraph (4), "unregistered energy efficiency improvements" means energy efficiency improvements within paragraph (1) that have not been identified, in an entry on the PRS Exemptions Register, as having been made.

Regulation 24: Relevant energy efficiency improvements

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