The Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015

• (5) On a review under paragraph (2), the enforcement authority may—

• (a) waive a penalty,

• (b) allow L additional time to pay any financial penalty,

• (c) substitute a lower financial penalty where one has already been imposed, or

• (d) modify the application of a publication penalty.

CHAPTER 7 — Appeals and recovery of financial penalties – domestic and non-domestic PR property

Appeals

43

If, after a review, a penalty notice is confirmed by the enforcement authority, L may appeal to the First-tier Tribunal on the grounds that—

• (a) the issue of the penalty notice was based on an error of fact,

• (b) the issue of the penalty notice was based on an error of law,

• (c) the penalty notice does not comply with a requirement imposed by these Regulations, or

• (d) in the circumstances of the case it was inappropriate for the penalty notice to be served on L.

Effect and determination of Appeal

44

• (1) The bringing of an appeal suspends the penalty notice being appealed taking effect, pending determination or withdrawal of the appeal.

• (2) The First-tier Tribunal may—

• (a) quash the penalty notice, or

• (b) affirm the penalty notice, whether in its original form or with such modification as it sees fit.

• (3) If the penalty notice is quashed, the enforcement authority must repay any amount paid as a financial penalty in pursuance of the notice.

Recovery of financial penalty

45

• (1) The amount of an unpaid financial penalty is recoverable from L as a debt owed to the enforcement authority unless the notice has been withdrawn or quashed.

• (2) Proceedings for the recovery of the financial penalty may not be commenced—

• (a) before the expiry of the period specified for requesting a review under regulation 38(2)(h)(ii),

• (b) where a review has been requested under regulation 42(1), before the enforcement authority has served notice of its decision under regulation 42(2)(c), and

• (c) where the enforcement authority has served a notice of its decision under regulation 42(2)(c) confirming the penalty notice, before the expiry of the period within which L may appeal to the First-tier Tribunal.

• (3) In proceedings for the recovery of a financial penalty, a certificate which—

• (a) purports to be signed by or on behalf of the person having responsibility for the financial affairs of the enforcement authority, and

• (b) states that payment of the financial penalty was or was not received by a date specified in the certificate,

is evidence of the facts stated.

SCHEDULE — Information to be registered on the PRS Exemptions Register

1

The information referred to in regulation 36(2) to be registered where regulation 25 or regulation 29 applies is—

• (a) the name, address, email address and telephone number of the landlord,

• (b) the address of the property,

• (c) which provision or provisions of regulations 25 and 29 applies,

• (d) a copy of the valid energy performance certificate for the property,

• (e) details of any energy efficiency improvement identified as a recommended improvement for the property in a green deal report, a recommendation report, or a report prepared by a surveyor,

• (f) where the landlord relies on regulation 25(1)(a) or regulation 29(1)(a), details of any relevant energy efficiency improvements undertaken and the date on which they were completed,

• (g) where the landlord has not made an energy efficiency improvement, in reliance on regulation 24(2) or regulation 28(2), a copy of any written opinion described in regulation 24(2) or regulation 28(2) (as appropriate),

• (h) where the landlord has not made an energy efficiency improvement which was identified as a recommended improvement for the property in a green deal report, a recommendation report, or a report prepared by a surveyor, on the grounds that it does not fall within the definition of “relevant energy efficiency improvements” in section 43(4) of the Act and regulation 24(3), or in section 49(4) of the Act, any evidence or a copy of any evidence on which the landlord relies to demonstrate that the energy efficiency improvement is not a relevant energy efficiency improvement for the property including, where applicable, the items mentioned in paragraph 1A, and

• (i) where the landlord has not made an energy efficiency improvement which was identified as a recommended improvement for that property in a green deal report, a recommendation report, or a report prepared by a surveyor, and which is listed in Table 6 of the Building Regulations Approved Document L2B, on the grounds that it would not achieve a simple payback of seven years or less—

• (i) copies of three quotations for the cost of purchasing and installing the improvement from installers of that improvement who meet the relevant installer standards, which demonstrate that fact, and

• (ii) the name of the responsible person (or, where two or more persons are the landlord, the name of the responsible person in relation to each landlord), and confirmation that the responsible person (or each of them) is satisfied of that fact.

2

• (1) The information referred to in regulation 36(2) to be registered where regulation 31(1) or (1A) or regulation 32(1) applies is—

• (a) the name, address, email address and telephone number of the landlord,

• (b) the address of the property,

• (c) which of regulations 31(1) , 31(1A) and 32(1) applies,

• (d) a copy of the valid energy performance certificate for the property,

• (e) where the landlord relies on regulation 31(1) or (1A), a copy of any correspondence and documents evidencing that—

• (i) consent was required and sought, and

• (ii) consent was refused or granted subject to a condition with which the landlord could not reasonably comply,

• (f) where the landlord relies on regulation 32(1), a copy of any report described in paragraph (2) of that regulation.

• (2) The information required by paragraph (1) must be registered before the landlord lets the property within the meaning of regulation 23 or regulation 27 (as the case may be).

3

The information referred to in regulation 36(2) to be registered where regulation 33(1) or (3) applies is—

• (a) the name, address, email address and telephone number of the landlord,

• (b) the address of the property,

• (c) whether paragraph (1) or (3) of regulation 33 applies,

• (d) a copy of any valid energy performance certificate for the property,

• (e) the date on which the landlord became, or continued to be, the landlord by virtue of a circumstance in regulation 33(2) or 33(4).

Signed

Edward Davey — Secretary of State — Department of Energy and Climate Change — 26th March 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations introduce measures to improve the energy efficiency of certain private rented property in England and Wales.

Part 2 (tenants’ energy efficiency improvements) comes into force on 1st April 2016, and enables the tenant of a domestic private rented property (that is, a property let on an assured tenancy for the purposes of the Housing Act 1988, a property let on a regulated tenancy for the purposes of the Rent Act 1977, or a property let on a tenancy prescribed by the Energy Efficiency (Domestic Private Rented Property) Order 2015) to make a request to their landlord for the landlord’s consent to the tenant making prescribed energy efficiency improvements to the property. The landlord, and any superior landlord whose consent is required before they can be made, must not unreasonably refuse consent to the improvements specified in a tenant’s request, unless exemptions set out in the Regulations apply, or the landlord proposes alternative energy efficiency measures. The tenant may apply to the First-tier Tribunal on the ground that the landlord or superior landlord has failed to comply with obligations in relation to the tenant’s request.

Part 3 (minimum level of energy efficiency) comes into force on 1st October 2016, and applies to domestic private rented property, and to non-domestic private rented property (that is property which is let under a tenancy and is not a dwelling). It prescribes a minimum level of energy efficiency for private rented properties: that is, is an energy performance indicator (evidenced on the energy performance certificate for the property) of band E.

It provides that, subject to prescribed exceptions, a landlord of a domestic private rented property must not grant a new tenancy of the property after 1st April 2018, and must not continue to let the property after 1st April 2020, where the energy performance of the property is below the minimum level; and that the landlord of a non-domestic private rented property must not grant a new tenancy of the property after 1st April 2018, and must not continue to let the property after 1st April 2023, where the energy performance of the property is below the minimum level.

It makes provision for the enforcement of the requirements of Part 3 by local authorities in relation to domestic private rented properties, and local weights and measures authorities in relation to non-domestic private rented properties (“enforcement authorities”). Landlords seeking to rely on a prescribed exemption when letting a private rented property which falls below the minimum level of energy efficiency must register that exemption on a register maintained by the Secretary of State. Where an enforcement authority considers that a landlord may be in breach of a requirement of Part 3, it may serve a compliance notice requiring the landlord to provide evidence to the enforcement authority. Where an enforcement authority is satisfied that a landlord is in breach, it may issue a penalty notice imposing a financial penalty, and a publication penalty (which consists of publishing the details of the breach on the register). The landlord may request a review of the penalty notice by the enforcement authority and, where a penalty notice is confirmed on review, may appeal against the imposition of the penalty notice to the First-tier Tribunal.

Building Regulations Approved Document L2B: Conservation of fuel and power in existing buildings other than dwellings can be obtained from RIBA Bookshops Mail Order, at 15 Bonhill Street, London EC2P 2EA and at www.thenbs.com/buildingregs.

A full regulatory impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector, is annexed to the Explanatory Memorandum which is available alongside these Regulations on www.legislation.gov.uk/.

Footnotes

[^f00001]: 2011 c.16.

[^f00002]: Section 52(7) requires the Secretary of State to consult with Welsh Ministers before making regulations under Chapter 2 of Part 1 of the Energy Act 2011 (“the Act”) which apply to domestic PR properties situated in Wales.

[^f00003]: S.I. 2010/2214, amended by S.I.s 2011/1515, 2012/718, 2012/3119, 2013/10, 2013/747, 2014/110 and 2014/579.

[^f00004]: S.I. 2013/3220. That is, the Secretary of State in relation to England, the Welsh Ministers in relation to Wales, and non-ministerial departments, and a body or office which is controlled and mainly financed by the Secretary of State or the Welsh Ministers.

[^f00005]: S.I. 2012/3118, amended by S.I.s 2013/10, 2013/181, 2014/880 and 2014/549.

[^f00006]: S.I. 2012/2079, amended by S.I.s 2012/3021, 2013/139 and 2013/1881.

[^f00007]: 1986 c.44. Section 7(1) was substituted by section 5 of the Gas Act 1995 (c.45), and amended by section 76(2) of the Utilities Act 2000 (c.27).

[^f00008]: 2004 c.34. These are enforcement actions that may be taken by a local housing authority in relation to category 1 hazards and category 2 hazards. Section 11 provides for the service of improvement notices in respect of category 1 hazards, and section 12 provides for the service of improvement notices in respect of category 2 hazards.

[^f00009]: 2011 c.20.

[^f00010]: Section 5 was substituted by section 3 of the Gas Act 1995, and sub-section (1)(b) was amended by S.I. 2012/2400.

[^f00011]: Section 10 was substituted by paragraph 4 of Schedule 3 to the Gas Act 1995, and sub-section (12) was amended by paragraph 2(1) of Schedule 6 to, and section 80(6) of, the Utilities Act 2000.

[^f00012]: The Royal Institution of Chartered Surveyors’ Building Conservation Accreditation Register can be accessed via their website: www.rics.org/uk/join/member-accreditations-list/building-conservation-accreditation/.

[^f00013]: The Architect Accredited in Building Conservation (“AABC”) register can be accessed via the AABC register website: www.aabc-register.co.uk/register.

[^f00014]: The Institution of Civil Engineers, and the Institution of Structural Engineers’ joint Conservation Accreditation Register for Engineers can be accessed via the Institution of Civil Engineers’ website: www.ice.org.uk/care/.

[^f00015]: The Chartered Institute of Architectural Technologists’ Directory of Accredited Conservationists can be accessed via their website: www.ciat.org.uk/en/members/conservation-register.cfm.

[^f00016]: 2006 c.46.

[^f00017]: The definition of service pipe was inserted by paragraph 54(1)(j) of Schedule 3 to the Gas Act 1995, and amended by paragraph 2(1) of Schedule 6 to the Utilities Act 2000.

[^f00018]: The Royal Institution of Chartered Surveyors’ register of valuers can be accessed via their website: www.rics.org/uk/join/member-accreditations/valuer-registration-scheme-vrs1/.

[^f00019]: 1990 c.8.

[^f00020]: 1990 c.9.

[^f00021]: 1994 c.23.

[^f00022]: The Energy Efficiency (Domestic Private Rented Property) Order 2015 (S.I. 2015/799) made under section 42(1)(a)(iii) specifies additional categories of tenancy for the purposes of section 42(1)(a) of the Act.

[^f00023]: S.I. 2012/2105, amended by 2014/2020.

[^f00024]: 1986 c.44. Section 33BC was substituted by section 99 of the Utilities Act 2000, and amended by section 15 of, and paragraphs 1 and 2 of the Schedule to, the Climate Change and Sustainable Energy Act 2006 (c.19), by paragraph 1 of Schedule 8 to the Climate Change Act 2008 (c.27), by section 66 of the Act, and by S.I. 2014/631. Section 33BD was inserted by section 68 of the Act.

[^f00025]: 1989 c.29. Section 41A was substituted by section 70 of the Utilities Act 2000, and amended by section 16 of, and paragraphs 4 and 5 of the Schedule to, the Climate Change and Sustainable Energy Act 2006, by paragraph 3 of Schedule 8 to the Climate Change Act 2008, by section 67 of, and paragraph 4 of Schedule 1 to, the Act, and by S.I. 2014/631. Section 41B was inserted by section 69 the Act.

[^f00026]: 1988 c.50. Section 8 was amended by section 151 of the Housing Act 1996 (c.52) and by section 97(2) of the Anti-social Behaviour, Crime and Policing Act 2014 (c.12). Section 21 was amended by paragraph 103 of Schedule 11 to the Local Government and Housing Act 1989 (c.42), by sections 98 and 99 of the Housing Act 1996, by paragraph 9 of Schedule 11 to the Housing and Regeneration Act 2008 (c.17), by section 15(2) of the Anti-social Behaviour Act 2003 (c.38), and by section 164 of the Localism Act 2011.

[^f00027]: 2004 c.34. These are enforcement actions that may be taken by a local housing authority in relation to category 1 hazards and category 2 hazards (as defined in section 2 of that Act). Section 20 provides for the service of prohibition orders in respect of category 1 hazards, section 21 provides for the service of prohibition orders in respect of category 2 hazards, and section 43 provides for the service of emergency prohibition orders in respect of category 1 hazards.

[^f00028]: 1985 c.68. These are demolition orders that may be made by a local housing authority in relation to category 1 hazards and category 2 hazards. Section 265 was substituted by section 46 of the Housing Act 2004.

[^f00029]: This is a declaration by a local housing authority that an area is a clearance area made, inter alia, as a result of the existence of category 1 or category 2 hazards. Section 289 was amended by paragraph 25 of Schedule 9, and paragraph 70 of Schedule 11 to, the Local Government and Housing Act 1989, and by section 47 of, and paragraph 19 of Schedule 15 and Schedule 16 to, the Housing Act 2004.

[^f00030]: That is, “(d) cavity wall insulation”, “(n) external wall insulation systems”, and “(v) internal wall insulation systems (for external walls)”.

[^f00031]: “Energy performance certificate” has the meaning given in sections 43(4) and 49(4) of the Act. That is, by virtue of section 42(3) of the Act, the meaning given in the Energy Performance of Buildings (Certificates and Inspections) (England and Wales) Regulations 2007 (S.I. 2007/991). Those Regulations were revoked and replaced by the Energy Performance of Buildings (England and Wales) Regulations 2012, regulation 2(1) of which contains the definition of energy performance certificate.

[^f00032]: “Building Regulations Approved Document L2B: Conservation of fuel and power in existing buildings other than dwellings” ISBN 978 1 85946 327 7, published in December 2010.

[^f00033]: The Monetary Policy Committee was constituted on a statutory basis by section 13 of the Bank of England Act 1998 (c.11).

[^f00034]: 1995 c.30.

[^f00035]: 1954 c.56.

[^f00036]: A local weights and measures authority is defined in section 69(1) and (2) of the Weights and Measures Act 1985 (c.72). Section 69(2) was amended by paragraph 75 of Schedule 16 to the Local Government (Wales) Act 1994 (c.19).

Editorial notes

[^key-00937878ca0c82c575012e83c2a19c64]: Reg. 22 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-04f9c8872fa4b3eff05f34a0fe7fbe19]: Reg. 30 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-07cf9d1433eeb8d67225d7c5b30454fe]: Reg. 21 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-0b34f85c5cf6ead6d1da53d9d8309d77]: Reg. 37 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-0caf75d494df2b6102b186d7fe481d54]: Reg. 5 in force at 1.4.2016, see reg. 1(2)

[^key-0eee82ea49b6659186a293a09743e104]: Sch. para. 2 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, regs. 1, 3(b))

[^key-15173785aeecbca1bf58ecaa80b60b3a]: Reg. 39 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-179207c6ff2e2ac0c4df59edca513c6a]: Reg. 25 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-1c67f0563b7b955aa5fc3b19cc051343]: Reg. 1 in force at 1.4.2016, see reg. 1(2)

[^key-21dd580ffa704822a8605d984160c1a0]: Reg. 3 in force at 1.4.2016, see reg. 1(2)

[^key-30291cb1d478d5d6b1501175d2aab24f]: Reg. 16 in force at 1.4.2016, see reg. 1(2)

[^key-31415334ce805b1778bcfe3e92cd87f6]: Reg. 27 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-33b1a9c2525b7e50be3c9bc26ab13e42]: Reg. 11 in force at 1.4.2016, see reg. 1(2)

[^key-38af391928996b9cc9b9067a6d1539e7]: Reg. 4 in force at 1.4.2016, see reg. 1(2)

[^key-4fcc41c2e5b209433748a79016ec4483]: Reg. 33 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-50d6200c1efe8f9cb2c8d0dcef859ce3]: Reg. 32 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-53b95e8b10db7a1302248b854f94c950]: Reg. 31 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-594473542b4e3833db33eba5e1cf163d]: Reg. 19 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-596cdcf16d4549fd1c310b7260da4c6c]: Reg. 35 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-5bd8d784814b0b1de042af15741a56e8]: Reg. 10 in force at 1.4.2016, see reg. 1(2)

[^key-5c1bd12df67d3a07f27849621f20cc14]: Reg. 8 in force at 1.4.2016, see reg. 1(2)

[^key-6053a4d245b850d3c0af2de8643faf13]: Reg. 9 in force at 1.4.2016, see reg. 1(2)

[^key-62ad0246850d38f0f5ba309535703247]: Reg. 15 in force at 1.4.2016, see reg. 1(2)

[^key-660f4a1bef3a96f2e4c89a78da2cb6e2]: Reg. 36 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-6d45f41edf209c82d34e266570da71f1]: Reg. 40 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-7eea407e8110dc2d0fa32aae057360be]: Reg. 41 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-81834f11e2f242212ad6ebf418daff47]: Reg. 42 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-8249be2fb54cec4ac7bfec7e06bbfe4a]: Reg. 45 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-831860116f6a72526b5eb1fdf2100e0d]: Reg. 20 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-8a31dc087df6678def037d297e8bbc2e]: Reg. 6 in force at 1.4.2016, see reg. 1(2)

[^key-8a526e56f0ecdbe37aa4e162cdda152c]: Reg. 24 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-94220f3cf56185773459c835e1d0e937]: Reg. 18 in force at 1.4.2016, see reg. 1(2)

[^key-973ec7aa87afea4e116b347a7bcdb3a7]: Reg. 28 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-9c2408338be587aeaef52c86c8f3b3cb]: Sch. para. 1 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, regs. 1, 3(b))

[^key-a71adf7d342a0dddfa518eb7b38ded6e]: Reg. 34 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-aabcc021b43ba355620c18947e20e8f9]: Reg. 17 in force at 1.4.2016, see reg. 1(2)

[^key-b12d3276975019c4186c50906665e5df]: Reg. 43 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-b4d8f4f5b0d68a8882e987513b132f6b]: Reg. 38 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-b4f060bb438f809074572a25e640639c]: Reg. 1(3) inserted (22.6.2016) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/660), regs. 1, 3(b)

[^key-b81f7303b360f1b970ff14c0e59fe083]: Reg. 26 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-b96b0a17cfafb1858227ac0dcdd42d46]: Reg. 2 in force at 1.4.2016, see reg. 1(2)

[^key-bc01af19490ae3b8b85fa16dfca4daab]: Sch. para. 3 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b)(as inserted by S.I. 2016/660, regs. 1, 3(b))

[^key-c405523fa82634a1cac6e8bd4ebc1ca8]: Words in reg. 1(2) omitted (22.6.2016) by virtue of The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2016 (S.I. 2016/660), regs. 1, 3(a)

[^key-c8879470928894dda4146713ec121027]: Reg. 23 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-c9b60bda37fd75fe013b7eeab36c83b0]: Reg. 13 in force at 1.4.2016, see reg. 1(2)

[^key-d5e8007a68f2ea8f8e5f97d64bf56798]: Reg. 44 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-dc2c15c8ea1a7b65db67d36ae09294dd]: Reg. 12 in force at 1.4.2016, see reg. 1(2)

[^key-dfd5e147d759e3267f7571a5a1bba158]: Reg. 7 in force at 1.4.2016, see reg. 1(2)

[^key-ee8acc5e752a00562c8cf7aa3ce1d767]: Reg. 14 in force at 1.4.2016, see reg. 1(2)

[^key-f649ac001a29aa49dfa080b1859f8761]: Reg. 29 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-f0504e29b81152f96e5f0757c7a3c391]: Sch. para. 1 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, regs. 1, 3(b))

[^key-e0762c485568ca334581dd691ac585cf]: Sch. para. 2 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, regs. 1, 3(b))

[^key-5e55f342cc96cf8029c987512b3ece30]: Reg. 24 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-89d64b836ec05efb47cbfe4568675229]: Reg. 25 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-1a70be9225ad67fe26b74cdfdd5227a3]: Reg. 31 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-acc1927eb74dde6776386c07190421db]: Reg. 36 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-a7d99eeb9cbb1b911fbf8811d62460dd]: Reg. 41 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-3cc7794f2727caf49a31eeacda712bf6]: Reg. 19 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-fd4916a786d61c010a75c64a34745f9b]: Reg. 20 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-278a286cfc0d14b45ddb49f242acdef8]: Reg. 21 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-635e18cf2576e3e2b8a18a34aee2ac31]: Reg. 22 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-5f1575190f6094d7827dee62de819a3e]: Reg. 23 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-bfefdadd1ffceeabb72ee2ccadc04aa3]: Reg. 26 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-5aace46114dd62df88e977a458e3fb99]: Reg. 27 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-59d36b36d426b09ac4544bfe5ba7960a]: Reg. 28 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-c3cb7630ef7b0d94dd100ba93fc95874]: Reg. 29 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-1ed4b0a471fd6b30f1f5bbfdb606b776]: Reg. 30 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-548956b4b66e13187686ff667ac75a73]: Reg. 32 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-089546489c18747941b1d10192ecdcee]: Reg. 33 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-5e6d5748e93de187da5e18660fb13a40]: Reg. 34 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-052fc54bb6b68d5d473d7c26acd6ee17]: Reg. 35 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-c6b3df4b6f4fba70c34a3487355344e4]: Reg. 37 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-f874c24c8cb4f1ad696acf914fbe5f00]: Reg. 38 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-d446309c059d410306bda059d8e107b9]: Reg. 39 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-28cf5d15af423b99db1a4479cc1283f7]: Reg. 40 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-135c0423627628699976e346f6278d70]: Reg. 42 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-6c00b8ba4af18dd3e8c8b1eaca7079ef]: Reg. 43 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-6141e106d4a39e3d9edb75cf91c89abf]: Reg. 44 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-a93edde5619f21bccea8dd838e95cf4b]: Reg. 45 in force at 1.10.2017 in so far as not already in force, see reg. 1(3)(b) (as inserted by S.I. 2016/660, reg. 3(b))

[^key-7d7313c39365b6dae778e443ea5a888b]: Sch. para. 3 in force at 1.4.2017 for specified purposes, see reg. 1(3)(a) (as inserted by S.I. 2016/660, regs. 1, 3(b))

[^key-af6060296317267e4e7b2e61a0c670fe]: Sch. para. 1A inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 16

[^key-a04d8e3a1eb9e964ff4f491f4d3df3f7]: Reg. 24(4)(5) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 6

[^key-0b4bb3c7f09f0c3542345efd899516ac]: Words in reg. 24(3) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 3

[^key-c11f019ec836a2e2c295e38d1f23d306]: Reg. 24(3)(c)(d) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 5

[^key-cafaa37ba07ce4d36017e595d0e1eeea]: Word in reg. 24(3)(a) omitted (1.4.2019) by virtue of The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 4

[^key-78bb56a077d38db37271d530d19e93af]: Reg. 25(3) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 9

[^key-604e85095558545167459cb0b216d17c]: Words in reg. 25(1) substituted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 7

[^key-9a3559071f872b5f3f85083677ee342c]: Words in reg. 25(2) substituted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 8

[^key-60ab9a023e573667323a2cbd27e222f8]: Reg. 31(1A) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 11

[^key-b5676e3d7932771309a5caeb00fa84ef]: Reg. 31(3) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 13

[^key-c0ac600f2b47622aea9e7c00c37d731f]: Words in reg. 31(1) substituted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 10

[^key-5c47740ad5dcb473d51190dd4b34ea6b]: Words in reg. 31(2) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 12

[^key-f3ca307c46fbbffb215ff7011bb504e2]: Words in reg. 36(2)(e) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 14

[^key-023ad68d60a4f2281fb54293073578f4]: Words in Sch. para. 1(h) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 15(b)

[^key-bf56fdde20f65e9f8727b89963b904af]: Words in Sch. para. 1(h) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 15(a)

[^key-1b858070ea9b17f2587099298edbb832]: Words in Sch. para. 2(1) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 17(a)

[^key-110efb2b4bd16924be0fc1659f42ecfd]: Words in Sch. para. 2(1)(e) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 17(a)

[^key-344292ed241eb5e3a43d2532c91b7b10]: Words in Sch. para. 2(1)(c) inserted (1.4.2019) by The Energy Efficiency (Private Rented Property) (England and Wales) (Amendment) Regulations 2019 (S.I. 2019/595), regs. 1, 17(b)

[^key-41ed612321673111a852cba3ed12d9f0]: Words in reg. 9(1)(c)(i) inserted (1.12.2022) by The Renting Homes (Wales) Act 2016 (Consequential Amendments to Secondary Legislation) Regulations 2022 (S.I. 2022/907), reg. 1(2), Sch. 1 para. 29

[^key-07a6c074078278674c040194127df42f]: Word in reg. 2(1) omitted (4.11.2024) by virtue of The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 65(a)

[^key-53c20d415d95dd4b1ccd39d259cd0628]: Words in reg. 2(1) inserted (4.11.2024) by The Historic Environment (Wales) Act 2023 (Consequential Provision) (Secondary Legislation) Regulations 2024 (S.I. 2024/924), regs. 1(2), 65(b)

[^key-8b81ac07110454b942d64398f6b09b33]: Words in reg. 41(5) substituted (16.11.2024) by The Local Government Finance (Consequential and Miscellaneous Amendments and Revocations) (Secondary Legislation) (Wales) Regulations 2024 (S.I. 2024/998), regs. 1(3), 17

1A

The items referred to in paragraph 1(h) are—

• (a) for each energy efficiency improvement to the property relied on in calculating the cost cap, details of the improvement and its cost;

• (b) for each energy efficiency improvement within regulation 24(1) that has not been made—

• (i) copies of three quotations for the cost of purchasing and installing the improvement (from installers of that improvement who meet the relevant installer standards), which demonstrate that the total cost (including value added tax) would exceed the cost cap, and

• (ii) the name of the responsible person (or, where two or more persons are the landlord, the name of the responsible person in relation to each landlord), and confirmation that the responsible person (or each of them) is satisfied that the total cost (including value added tax) would exceed the cost cap.