The Rate Relief (Low-Carbon Homes Scheme) Regulations (Northern Ireland) 2010

PART 1 N.I. Introductory

Citation and commencement N.I.

1.  These Regulations may be cited as the Rate Relief (Low-Carbon Homes Scheme) Regulations (Northern Ireland) 2010 and shall come into operation on 1st April 2010.

Commencement Information

I1 Reg. 1 in operation at 1.4.2010, see reg. 1

Interpretation N.I.

2.—(1) In these Regulations—

“the 1977 Order” means the Rates (Northern Ireland) Order 1977;

“the Building Regulations” means the Building Regulations (Northern Ireland) 2000(1);

“the Energy Performance of Buildings Regulations” means the Energy Performance of Buildings (Certificates and Inspections) Regulations (Northern Ireland) 2008(2);

“accreditation scheme” means a scheme approved by the Department in accordance with regulation 19 of the Energy Performance of Buildings Regulations;

“accredited assessor” means an individual who is a member of an accreditation scheme;

“applicant” means a person who has made an application under regulation 8;

“approved methodology” means the methodology for the calculation of the energy performance of buildings approved by the Department for the purposes of Part F of the Building Regulations;

“dwelling CO₂ emission rate (DER)” has the same meaning as in the Building Regulations;

“energy performance certificate” has the same meaning as in the Energy Performance of Buildings Regulations;

“equity-sharing lease” means a lease of land, the general effect of which is to provide—

(a)

that, in consideration of the granting of the lease, the lessee shall pay a capital sum, representing a part payment in respect of the cost of acquisition of the premises demised, and a rent; and

(b)

that the lessee may make additional part payments towards the said cost of acquisition and may exercise an option to purchase the whole or part of the lessor’s reversion in the premises demised;

“heat loss parameter” means the heat loss per unit of temperature difference per unit of floor area determined by the internal dimensions of surfaces bounding the dwelling-house, the thermal performance of the materials used in construction and the air permeability of the dwelling-house envelope;

“housing association” has the meaning assigned by Article 3 of the Housing (Northern Ireland) Order 1992(3);

“low-carbon home certificate” means a certificate issued under regulation 7(1)(a);

“Minister of the Crown” has the same meaning as in the Ministers of the Crown Act 1975(4);

“net CO₂ emissions” means—

(a)

the annual CO₂ emissions per unit of floor area for space heating, water heating, ventilation and lighting, and those associated with appliances and cooking, less

(b)

the emissions saved by the use of energy generation technologies in or on the dwelling-house and additional allowable electricity;

“private tenancy” means any tenancy of a dwelling-house except—

(a)

a fee farm grant;

(b)

an equity-sharing lease;

(c)

a tenancy for a term certain exceeding 99 years, unless that tenancy is, or may become, terminable before the end of that term by notice given to the tenant; or

(d)

a tenancy under which the estate of the landlord belongs to a Northern Ireland department, a Minister of the Crown, an officer or body exercising functions on behalf of the Crown, a body established by or under a statutory provision or a housing association;

“space heating requirement (SHR)” means the quantity of useful energy in kilowatt-hours per year (kWh/year) required from a heating system in a dwelling-house to meet the energy demand calculated in accordance with the approved methodology;

“target CO₂ emissions rate (TER)” has the same meaning as in the Building Regulations;

“zero-carbon home certificate” means a certificate issued under regulation 7(1)(b).

(2) In Article 30C of the 1977 Order and in these Regulations—

“first occupier” means the first person to be in occupation of a newly-constructed dwelling-house;

“hereditament in the private rented sector” means a dwelling-house which is the subject of a private tenancy;

“low-carbon home” has the meaning given in regulation 5;

“newly-constructed” means newly built; and

“zero-carbon home” has the meaning given in regulation 6.

(3) For the purposes of the definition of “net CO₂ emissions” in paragraph (1)—

“allowable electricity” means electricity generated from a low or zero-carbon energy source designed to serve the dwelling-house and which is conveyed to the dwelling-house, or to a sub-station connected directly to the dwelling-house, by cables used exclusively for the conveyance of electricity from that source;

“low or zero-carbon energy source” includes biomass, biofuels, fuel cells, wind, photovoltaic, water (including waves and tides), solar power, geothermal sources, combined heat and power systems and other sources of energy technologies for the generation of electricity or the production of heat, the use of which would, in the opinion of the Department, cut emissions of carbon dioxide and greenhouse gases.

Commencement Information

I2 Reg. 2 in operation at 1.4.2010, see reg. 1

Excluded dwelling-houses N.I.

3.  Article 30C of the 1977 Order and these Regulations, as well as not applying to a dwelling-house mentioned in sub-paragraph (a) or (b) of paragraph (12) of that Article, shall not apply to—

(a) a dwelling-house which is wholly owned by a housing association which is not registered in the register maintained under Part II of the Housing (Northern Ireland) Order 1992;

(b) a dwelling-house which is used for providing living accommodation for a person who—

(i) is an employee of the Northern Ireland Housing Executive or of a housing association;

(ii) resides in the hereditament in connection with his employment by that body; and

(iii) has no liability for rates in respect of the dwelling-house during his period of residence there; and

(c) a dwelling-house which is wholly owned by a Northern Ireland department, a Minister of the Crown, an officer or body exercising functions on behalf of the Crown or a body established by or under a statutory provision.

Commencement Information

I3 Reg. 3 in operation at 1.4.2010, see reg. 1

(1)

S.R. 2000 No. 389 as amended by S.R. 2005 No. 295, S.R. 2006 No. 355, S.R. 2006 No. 440 and S.R. 2008 No. 170

(2)

S.R. 2008 No. 170 as amended by S.R. 2008 No. 241 and S.R. 2009 No. 369

(3)

S.I. 1992/1725 (N.I. 15)

(4)

1975 c.26