The Boiler Upgrade Scheme (England and Wales) Regulations 2022

PART 2 E+W Eligible properties

Eligible properties E+W

5.—(1) For the purposes of these Regulations, a property is an eligible property where—

(a) it is a building,

(b) it is not social housing,

(c) if it was, or will be, first occupied or used before the date on which the relevant eligible plant is commissioned—

(i) it meets the requirements in regulation 6 (insulation requirements), and

(ii) the system providing space heating or water heating, or both, of the property prior to the installation and commissioning of the eligible plant (the “original heating system”) is—

(aa) fuelled by fossil fuel(1), or

(bb) an electric heating system, and

(d) if it will be first occupied or used on or after the date on which the relevant eligible plant is commissioned, it meets the requirements in regulation 7 (requirements for new build properties).

(2) For the purposes of this regulation—

(a) “electric heating system” means a heating system which provides heat generated wholly or mainly from electricity, but does not include a heat pump,

(b) “relevant eligible plant”, in relation to a property, means the eligible plant which is installed in relation to that property,

(c) “social housing” has the meaning given in section 68 of the Housing and Regeneration Act 2008(2).

Commencement Information

I1 Reg. 5 in force at 23.5.2022, see reg. 1(1)

Insulation requirements E+W

6.—(1) A property meets the requirements in this regulation where there is a valid energy performance certificate for the property which—

(a) does not include a recommendation report,

(b) includes a recommendation report which does not recommend that loft insulation or cavity wall insulation be installed, or

(c) includes a recommendation report which recommends that loft insulation or cavity wall insulation or both be installed, but such insulation cannot be installed in accordance with that recommendation for a reason set out in paragraph (2).

(2) The reasons set out in this paragraph are that the installation of the insulation—

(a) is prevented as a consequence of the property being listed in accordance with section 1 of the Planning (Listed Buildings and Conservation Areas) Act 1990(3), or in a conservation area designated in accordance with section 69 of that Act, or due to the material impact that such installation would have on a species to which Part 1 (wildlife) of and Schedule 5 (animals which are protected) to the Wildlife and Countryside Act 1981(4) applies,

(b) would otherwise be unlawful, or

(c) is not feasible due to atypical local environmental conditions or the structure of the property.

Commencement Information

I2 Reg. 6 in force at 23.5.2022, see reg. 1(1)

Requirements for new-build properties E+W

7.  A property meets the requirements in this regulation where the building—

(a) was built principally with the use of the labour or resources of the first owner (including where the resource was a loan which the first owner was liable to repay), and

(b) has not, while it was built or at any subsequent time been owned wholly or partly by a person who is not an individual.

Commencement Information

I3 Reg. 7 in force at 23.5.2022, see reg. 1(1)

(1)

See section 100(3) of the 2008 Act for the definition of “fossil fuel”.

(2)

2008 c. 17.

(3)

1990 c. 9. Section 1 was amended by paragraph 8 of Schedule 17 to the Enterprise and Regulatory Reform Act 2013 (c. 24), and by section 26(1) of the Historic Environment (Wales) Act 2016 (anaw 4).

(4)

1981 c. 69.