PART 11Exemptions

Exemptions79

1

This article applies for the purposes of the following provisions—

a

article 24(4) (minimum insulation requirement for certain band D premises);

b

article 25(4) (minimum insulation requirement for band E, F and G and other band D premises);

c

article 30(3)(b) (hierarchy of heating measures installed at off-gas premises);

d

article 50(3)(b) (ECO4 projects: minimum requirement for energy efficiency improvement).

2

A measure attracts an exemption under this Part if its installation—

a

is prevented due to—

i

the location of the domestic premises in a conservation area; or

ii

the impact that such installation would have on a listed building or protected species;

b

would otherwise be unlawful; or

c

is not feasible due to—

i

local environmental conditions;

ii

the fabric or structure of the premises; or

iii

physical restrictions on access to the premises.

3

In this article—

  • “conservation area” has the meaning given by—

    1. a

      in the case of premises in England and Wales, section 91(1) of the Planning (Listed Buildings and Conservation Areas) Act 199066;

    2. b

      in the case of premises in Scotland, section 81(1) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 199767;

  • “listed building” has the meaning given by—

    1. a

      in the case of premises in England and Wales, section 1(5) of the Planning (Listed Buildings and Conservation Areas) Act 199068;

    2. b

      in the case of premises in Scotland, section 1(4) of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 199769;

  • “protected species” means the species—

    1. a

      listed in Schedules 1 and 5 to the Wildlife and Countryside Act 198170; or

    2. b

      defined as a European protected species in—

      1. i

        in the case of premises in England and Wales, regulations 42 and 46 of the Conservation of Habitats and Species Regulations 201771;

      2. ii

        in the case of premises in Scotland, regulations 38 and 42 of the Conservation (Natural Habitats, &c) Regulations 199472.