Search Legislation

Energy Act 2011

Status:

This is the original version (as it was originally enacted).

Domestic energy efficiency regulations

43Domestic energy efficiency regulations

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

(a)which is of such description of 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 “domestic energy efficiency regulations”.

(4)For the purposes of 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,

    (ii)

    provided free of charge pursuant to an obligation imposed by an order made under section 33BC or 33BD of the Gas Act 1986 or section 41A or 41B of the Electricity Act 1989,

    (iii)

    wholly financed pursuant to a combination of such a plan and such an obligation, or

    (iv)

    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 domestic energy efficiency regulations must come into force no later than 1 April 2018.

44Further provision about domestic energy efficiency regulations

(1)Domestic energy efficiency regulations may, in particular, include provision about—

(a)the period within which improvements required by the regulations must be started or completed;

(b)exemptions from any requirement imposed by or under the regulations;

(c)evidence relating to any requirement imposed by or under the regulations.

(2)Provision falling within subsection (1)(b) includes, in particular, provision about exemptions—

(a)relating to any necessary permissions or consents;

(b)relating to the likely negative impact on the value of a property of complying with a requirement imposed by or under the regulations.

(3)Provision falling within subsection (1)(c) includes, in particular, provision about evidence for the purpose of demonstrating—

(a)an exemption from a requirement imposed by or under the regulations;

(b)that a property is not one in relation to which the regulations have effect;

(c)that the improvements required by or under the regulations are not relevant energy efficiency improvements within the meaning given by the regulations.

45Sanctions for the purposes of domestic energy efficiency regulations

(1)Domestic energy efficiency regulations may include provision for the purpose of securing compliance with requirements imposed on landlords by or under the regulations.

(2)Provision falling within subsection (1) includes, in particular, provision—

(a)for a local authority to enforce any requirement imposed by or under the regulations;

(b)about the sanctions for non-compliance with a requirement imposed by or under the regulations;

(c)about the sanctions for the provision of false information in connection with such a requirement;

including, in cases falling within paragraph (b) or (c), the imposition of a civil penalty by a local authority.

(3)The amount of any civil penalty provided for by domestic energy efficiency regulations must not exceed £5,000.

(4)Where domestic energy efficiency regulations make provision for the imposition of a civil penalty, the regulations must also include provision for a right of appeal to a court or tribunal against the imposition of the penalty.

(5)Provision falling within subsection (4) includes, in particular, provision—

(a)as to the jurisdiction of the court or tribunal to which an appeal may be made;

(b)as to the grounds on which an appeal may be made;

(c)as to the procedure for making an appeal (including any fee which may be payable);

(d)suspending the imposition of the penalty, pending determination of the appeal;

(e)as to the powers of the court or tribunal to which an appeal is made;

(f)as to how any sum payable in pursuance of a decision of the court or tribunal is to be recoverable.

(6)The provision referred to in subsection (5)(e) includes provision conferring on the court or tribunal to which an appeal is made power—

(a)to confirm the penalty;

(b)to withdraw the penalty;

(c)to vary the amount of the penalty;

(d)to award costs.

(7)If the Secretary of State considers it appropriate for the purpose of, or in consequence of, any provision falling within subsection (5) (a), (c), (e) or (f), domestic energy efficiency regulations may revoke or amend any subordinate legislation in so far as the subordinate legislation extends to England and Wales.

(8)In this section “subordinate legislation” has the meaning given in section 21(1) of the Interpretation Act 1978 and includes an instrument made under a Measure or Act of the National Assembly for Wales.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources