The Heat Network (Metering and Billing) Regulations 2014

PART 1 U.K. Introductory

Citation and commencement U.K.

1.—(1) These Regulations may be cited as the Heat Network (Metering and Billing) Regulations 2014.

(2) Except as provided in paragraphs (3) and (4), these Regulations come into force on 18th December 2014.

(3) Regulation 9 comes into force on 31st December 2014.

(4) Regulations 4(4) and 6 come into force on 31st December 2016.

Interpretation U.K.

2.  In these Regulations—

[F1 “almshouse accommodation” means—

(a)

accommodation in an almshouse provided by an almshouse charity; or

(b)

any low cost rental accommodation provided by a charity which is maintained as an almshouse (whether it is called an almshouse or not);]

“authorised person” means—

(a)

the Secretary of State,

(b)

the Scottish Ministers, or

(c)

a person authorised under regulation 10(2);

“bill” means a demand for payment from a heat supplier to a final customer for the supply of heating, cooling or hot water by that heat supplier;

“billing” means the issuing of a bill;

“billing information” means the information specified in paragraph 4 of Schedule 2 provided by the heat supplier to a final customer in respect of the supply of heating, cooling or hot water from a district heat network or communal heating operated by that heat supplier;

“communal heating” means the distribution of thermal energy in the form of steam, hot water, or chilled liquids from a central source in a building which is occupied by more than one final customer, for the use of space or process heating, cooling or hot water;

“district heat network” means the distribution of thermal energy in the form of steam, hot water or chilled liquids from a central source of production through a network to multiple buildings or sites for the use of space or process heating, cooling or hot water;

[F1 “existing building” means—

(a)

a building which is connected to a district heat network or communal heating—

(i)

before 27th November 2020; or

(ii)

on or after 27th November 2020, where the building is not newly constructed and was not originally constructed for connection to a district heat network or communal heating;

(b)

a building mentioned in regulation 2A(2)(b) which ceases to meet the criteria in paragraph (i) or (ii) of that regulation; or

(c)

a building mentioned in regulation 2A(3)(a) which ceases to meet the criteria in paragraph (i) or (ii) of that regulation;]

“final customer” means a person who purchases heating, cooling or hot water for their own end consumption from a heat supplier;

“heat cost allocator” means an instrument for the measurement of energy consumption of a room heating radiator where that energy has been supplied from the district heat network or communal heating operated by a heat supplier;

“heat supplier” means a person who supplies and charges for the supply of heating, cooling or hot water to a final customer, through—

(a)

communal heating; or

(b)

a district heat network;

[F1 “low cost rental accommodation” means accommodation which is made available for rent below the market rate in accordance with rules designed to ensure that it is made available to people whose needs are not adequately served by the commercial housing market;]

“meter” means an instrument designed to measure, memorise and display the consumption of heating, cooling or hot water by a final customer where that heating, cooling or hot water has been supplied from a district heat network or communal heating operated by a heat supplier; and

“Scottish network” means a district heat network or communal heating where the majority of final customers of the network or communal heating are located in Scotland.

[F1 “social housing provider” means—

(a)

in England, a registered provider of social housing as defined in section 80(2) of the Housing and Regeneration Act 2008;

(b)

in Northern Ireland, a registered housing association within the meaning of Part 2 of the Housing (Northern Ireland) Order 1992 or the Northern Ireland Housing Executive;

(c)

in Scotland, a social landlord as defined in section 165 of the Housing (Scotland) Act 2010;

(d)

in Wales a registered social landlord within the meaning of Part 1 of the Housing Act 1996 or a local authority;]

[F1 “student accommodation” means rental accommodation provided under an agreement which grants a right of occupation in a building or dwelling for persons who are in full-time education at a university, college, school or other educational establishment;]

[F1 “supported housing” means any of the following low cost rental accommodation provided by a social housing provider—

(a)

sheltered housing or extra care housing providing additional support for residents;

(b)

emergency accommodation for the homeless;

(c)

a domestic violence refuge or a domestic abuse refuge;

(d)

housing which is provided in conjunction with support and is made available exclusively for—

(i)

people with drug or alcohol problems;

(ii)

people with mental health problems;

(iii)

people with learning disabilities;

(iv)

people with physical disabilities;

(v)

offenders and people at risk of offending;

(vi)

young people leaving care;

(vii)

teenage parents; or

(viii)

refugees.]

Textual Amendments

F1 Words in reg. 2 inserted (27.11.2020) by The Heat Network (Metering and Billing) (Amendment) Regulations 2020 (S.I. 2020/1221), regs. 1(2), 3

[F2 Classes of building U.K.

2A.— (1) The following buildings are in the viable class—

(a) a building not in the open class or the exempt class which is connected to communal heating on or after 1st September 2022, where the building is newly constructed or was originally constructed for connection to communal heating;

(b) a building which is connected to a district heat network on or after 27th November 2020, where the building is newly constructed or was originally constructed for connection to a district heat network;

(c) an existing building where the building is supplied by a district heat network and on or after 27th November 2020 the building undergoes major renovations relating to the technical services of that building;

(d) a building to which regulation 7(2) applied before that regulation was revoked on 27th November 2020.

(2) The following buildings are in the open class—

(a) a building not in the exempt class which is connected to communal heating on or after 27th November 2020 and before 1st September 2022, where the building is newly constructed or was originally constructed for connection to communal heating;

(b) a building not in the exempt class which is connected to communal heating on or after 1st September 2022, where the building is newly constructed or was originally constructed for connection to communal heating and where—

(i) there is more than one entry point for the pipes of the communal heating into any private dwelling or non-domestic premises in the building; or

(ii) the building or any part of the building is supported housing, almshouse accommodation or purpose-built student accommodation;

(c) an existing building not in the viable class or the exempt class.

(3) Subject to paragraph (4), the following buildings are in the exempt class—

(a) a building not consisting mainly of private dwellings which is connected to communal heating on or after 27th November 2020, where the building is newly constructed or was originally constructed for connection to communal heating and where—

(i) heat is distributed in the building by means of a system other than hot water; or

(ii) cooling is supplied and the cooling distribution system uses a transfer fluid other than water;

(b) an existing building not in the viable class and not consisting mainly of private dwellings, where—

(i) heat is distributed in the building by means of a system other than hot water; or

(ii) cooling is supplied and the cooling distribution system uses a transfer fluid other than water;

(c) an existing building not in the viable class in which more than 10% of the total number of private dwellings and non-domestic premises are subject to a leasehold interest, where the lease—

(i) began before 27th November 2020; and

(ii) contains a provision which would prevent billing based on actual consumption unless the lease is varied, renewed, or comes to an end;

(d) an existing building not in the viable class, where the building or any part of the building is—

(i) supported housing;

(ii) almshouse accommodation; or

(iii) purpose-built student accommodation.

(4) A building mentioned in paragraph (3)(c) or (d) is not in the exempt class if, for each private dwelling and non-domestic premises in the building—

(a) a meter to which regulation 4(3) or (4) applies has been installed; or

(b) heat cost allocators, thermostatic radiator valves and a hot water meter to which regulation 6(2) applies have been installed.

(5) For the purpose of paragraph (1)(c)—

“building envelope” means the integrated elements of a building which separate its interior from the outdoor environment;

“major renovations” means the renovation of a building where the total cost of the renovation of the building envelope or the technical services is higher than 25% of the value of the building, excluding the value of the land upon which the building is situated;

“technical services” means technical equipment for the heating, cooling, ventilation, hot water or lighting (or any combination thereof) of a building; and

“value of the building” means the reinstatement costs of the building for insurance purposes at the time immediately before the renovation of the building is commenced.]

Textual Amendments

F2 Reg. 2A inserted (27.11.2020) by The Heat Network (Metering and Billing) (Amendment) Regulations 2020 (S.I. 2020/1221), regs. 1(2), 4