The Electricity and Gas (Energy Company Obligation) Order 2022

In-fill measures in flats E+W+S

22.—(1) A measure is a “flat in-fill measure” and meets the condition in this article if—

(a) it is installed at a domestic premises which is a flat;

(b) it is one of the following measures—

(i) solid wall insulation;

(ii) insulation of a cavity wall;

(iii) a district heating connection;

(c) it is linked with one other measure (“the primary measure”) which is—

(i) the same kind of measure as the flat in-fill measure;

(ii) promoted by the same participant that promoted the flat in-fill measure; and

(iii) installed at separate domestic premises in the same block of flats (that is, a building which contains two or more flats) as the flat in-fill measure; and

(d) the primary measure with which the flat in-fill measure is linked is a qualifying action by virtue of any of articles 13 to 21.

(2) For the purposes of paragraph (1)(c)—

(a) a flat in-fill measure is linked with a primary measure if—

(i) the flat in-fill measure is completed during the three month period beginning with the day on which the primary measure is completed;

(ii) the flat in-fill measure is notified under article 43 on the same day as, or after, the notification of the primary measure under that article;

(iii) when notifying the flat in-fill measure under article 43, the participant includes information sufficient to enable the Administrator to identify the primary measure with which it is to be linked; and

(iv) the ECO4 project containing the primary measure does not include any primary measure that is already linked with another in-fill measure;

(b) a primary measure is the same kind of measure as a flat in-fill measure if—

(i) both are solid wall insulation;

(ii) both are insulation of a cavity wall; or

(iii) both are district heating connections.

(3) In this article, “flat”—

(a) in respect of domestic premises in England and Wales, has the same meaning as in the Building Regulations 2010(1);

(b) in respect of domestic premises in Scotland, has the same meaning as in the Building (Scotland) Regulations 2004(2) and also includes a maisonette, as defined in those Regulations.

Commencement Information

I1 Art. 22 in force at 27.7.2022, see art. 1(1)

(1)

S.I. 2010/2214. See regulation 2. There are amending instruments but none are relevant.

(2)

S.S.I. 2004/406. See regulation 2. There are amending instruments but none are relevant.