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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(1), 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(2) 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
I1Reg. 6 in force at 23.5.2022, see reg. 1(1)
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).
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