The Electricity and Gas (Energy Company Obligation) Order 2022

Qualifying actions: general requirements relating to Condition A E+W+S

12.—(1) The requirements referred to in article 11(2)(a) in relation to Condition A are that the measure—

(a) is installed at domestic premises;

(b) results in the reduction in the cost of heating those premises to 21 degrees Celsius in the main living areas and 18 degrees Celsius in all other areas, or in the case of a data light measure, is reasonably expected to result in such a reduction;

(c) is completed on or after 1st April 2022 and before 1st April 2026;

(d) except in the case of a repair, is installed at—

(i) premises erected before 1st April 2022; or

(ii) premises which were first occupied as domestic premises before the day on which the installation is completed;

(e) is not funded by any grant from public funds; F1 ...

(f) either—

(i) forms part of an ECO4 project which—

(aa) meets the requirement concerning the assessment of energy efficiency in paragraph (2); and

(bb) does not include an in-fill measure, ECO3 interim delivery action or surplus action; or

(ii) is an in-fill measure which meets the requirement concerning the assessment of energy efficiency in paragraph (3) [F2 ; and

(g) is not a measure notified to the Administrator in accordance with article 25 of the Electricity and Gas (Energy Company Obligation) Order 2023.]

(2) An ECO4 project meets the requirement concerning the assessment of energy efficiency if—

(a) where the project is an ECO4 project which consists of a district heating connection only or a district heating connection and one or more novel data light measures only—

(i) a SAP assessment is performed before the day on which the first measure in the project is completed for the purpose of calculating the SAP rating of the premises; and

(ii) a pre-installation EPC is issued for the premises;

(b) where the project is an ECO4 project which consists of one or more novel data light measures only—

(i) an RdSAP assessment is performed before the day on which the first measure in the project is completed for the purpose of calculating the SAP rating of the premises; and

(ii) a pre-installation EPC is issued for the premises;

(c) where the project is an ECO4 project which does not fall within sub-paragraph (a) or (b), an RdSAP assessment is performed before the day on which the first measure in the project is completed for the purpose of calculating the SAP rating of the premises.

(3) An in-fill measure meets the requirement concerning the assessment of energy efficiency if—

(a) where the in-fill measure is a district heating connection—

(i) a SAP assessment is performed before the day on which the in-fill measure is completed for the purpose of calculating the SAP rating of the premises; and

(ii) a pre-installation EPC is issued for the premises;

(b) where the in-fill measure does not fall within sub-paragraph (a), an RdSAP assessment is performed before the day on which the in-fill measure is completed for the purpose of calculating the SAP rating of the premises.

(4) In paragraphs (2) and (3), references to a “district heating connection” do not include a connection to a district heating system that uses a shared ground loop.

(5) In this article, “grant from public funds” means a grant made by a public authority or by any person distributing funds on behalf of a public authority.

Textual Amendments

F1 Word in art. 12(1) omitted (14.8.2023) by virtue of The Electricity and Gas (Energy Company Obligation) Order 2023 (S.I. 2023/873), arts. 1(3), 42(a) (with art. 50)

F2 Art. 12(1)(g) and word inserted (14.8.2023) by The Electricity and Gas (Energy Company Obligation) Order 2023 (S.I. 2023/873), arts. 1(3), 42(b) (with art. 50)

Commencement Information

I1 Art. 12 in force at 27.7.2022, see art. 1(1)