Energy Act 2011

Valid from 26/03/2015

49Non-domestic energy efficiency regulationsE+W
This section has no associated Explanatory Notes

(1)The Secretary of State must make regulations for the purpose of securing that a landlord of a non-domestic PR property—

(a)which is of such description of non-domestic PR property as is provided for by the regulations,

(b)in relation to which there is an energy performance certificate, and

(c)which falls below such level of energy efficiency (as demonstrated by the energy performance certificate) as is provided for by the regulations,

may not let the property until the landlord has complied with the obligation mentioned in subsection (2).

(2)The obligation is to make to the property such relevant energy efficiency improvements as are provided for by the regulations.

(3)Regulations under this section are referred to in this Chapter as “non-domestic energy efficiency regulations”.

(4)For the purposes of non-domestic energy efficiency regulations—

  • energy performance certificate” has the meaning given by the Energy Performance Regulations;

  • “landlord” and “let the property” have the meaning given by the regulations (and “let the property” may be defined to include “continue to let the property”);

  • relevant energy efficiency improvements” means improvements which—

    (a)

    are of such description as the regulations provide, and

    (b)

    can be—

    (i)

    wholly paid for pursuant to a green deal plan as provided for by Chapter 1 of this Part, or

    (ii)

    financed by such other description of financial arrangement as the regulations provide.

(5)The Secretary of State may by order amend the definition of “energy performance certificate” in subsection (4).

(6)The first non-domestic energy efficiency regulations must come into force no later than 1 April 2018.