2.63. PV installations with an eligibility date on or after 1 April 2012 (note 33)with a capacity up to and including 250kW, including extensions, but with the exception of stand-alone, will be required to meet the new energy efficiency requirement. If the energy efficiency requirement applies, these installations are required to demonstrate that the building to which the solar PV is attached or wired to provide electricity has achieved an Energy Performance Certificate (EPC) rating of level D or above in order to receive the higher tariff, provided the multi-installation tariff (see paragraph 2.90) does not apply.

2.64. Please see paragraph 2.105 onwards for an explanation on the effect of the energy efficiency requirement and multi-installation tariff in terms of the higher, middle and lower tariff rate.

2.65. The EPC level D or above must have been achieved by the eligibility date of the FIT installation. Any installation attached or wired to provide electricity to a relevant building that has not achieved an EPC level D or above at this time will receive the lower tariff. Please refer to paragraph 2.71 for more information on circumstances where you are not able to obtain an EPC.

Assessing whether the energy efficiency requirement applies

2.66. The energy efficiency requirement does not apply to standalone PV installations.

2.67. The energy efficiency requirement applies to a PV installation with an eligibility date on or after 1 April 2012 which is attached to a relevant building or wired to provide electricity to one or more such buildings.

2.68. Where an installation is attached to or wired to provide electricity to a number of buildings that are ‗relevant buildings‘ only one of those buildings needs to satisfy the energy efficiency requirement.

2.69. A relevant building is defined in legislation (note 34) and must be a roofed construction which has walls, and for which energy is used to condition the indoor climate. Examples of energy being used to condition the indoor climate include heating and cooling systems.

2.70. If any aspect of this definition does not apply to a building to which the PV installation is attached or wired to provide electricity then the energy efficiency requirement does not apply.

2.71. A relevant building must also be a building in respect of which an EPC can be issued. If an EPC cannot be issued then the building is not a relevant building and the energy efficiency requirement does not apply. It will be the responsibility of the FIT generator to prove that an EPC cannot be obtained for a building that the PV is attached or wired to provide electricity. One option to demonstrate this could be for the FIT generator to provide a document from an EPC assessor which confirms that it was not possible to obtain an EPC for the relevant building and the reasons why.

2.72. A FIT Generator who claims, for any of the reasons outlined above, that a building to which the generating installation is attached or wired to provide electricity is not a relevant building such that the energy efficiency requirement does not apply will be required to provide a declaration to that effect as part of the application process. A copy of the declarations can be found in Appendix 2 and 3. Failure to demonstrate that the efficiency requirement does not apply will result in the FIT generator receiving the lower tariff.

Note 34 Annex 2 of Schedule A to Standard Condition 33 of the Electricity Supply Licence

Note 35 EPB Regulations http://www.legislation.gov.uk/uksi/2007/991/contents/made

What is an EPC?

2.73. The Energy Performance of Buildings (EPB) Regulations (note 35) require an EPC whenever a building is constructed or marketed for sale or rent. The EPC allocates a ‗rating band‘ between A (most energy efficient) to G (less energy efficient) on both domestic and non-domestic buildings.

2.74. A domestic EPC has two rating bands – an energy efficiency rating band and an environmental impact rating band. For the purpose of the FIT energy efficiency requirement, the rating band addressing energy efficiency is the relevant rating band.

2.75. The EPC is valid for ten years unless a new assessment is made and a new certificate is issued.

2.76. More information on EPCs can be found on the Department of Communities and Local Government (DCLG) website (note 36) and the Scottish Government website (note 37)

36 DCLG Website Energy Performance http://www.communities.gov.uk/planningandbuilding/sustainability/energyperformance/

37 http://www.scotland.gov.uk/Topics/Built-Environment/Building/Building-standards/publications/pubepc

38 See paragraph 3.11 in Chapter 3

Meeting the requirement

2.77. If the PV installation is attached or wired to provide electricity to a relevant building such that the energy efficiency requirement applies then the FIT generator will be asked by Ofgem during the ROO-FIT accreditation process to provide a copy of a valid EPC level D or above.

2.78. An EPC is ‗valid‘ if it has been issued before, but not more than 10 years before, the eligibility date (note 38) of the PV installation and is the most recent EPC that has been issued in respect of the relevant building.

2.79. Where an installation is attached or wired to provide power to a number of buildings, only one building to which the installation is attached or wired to provide electricity needs to satisfy the energy efficiency requirement, with the exception of where the requirement cannot be met or it is not possible to achieve an EPC for any such buildings.

2.80. Where the energy efficiency requirement applies but has not been satisfied by the eligibility date of the FIT installation, the installation will receive the lower tariff.

2.81. A Display Energy Certificate (DEC) will not be accepted as proof of meeting the energy efficiency requirement.

2.82. The energy efficiency requirement is a one-off assessment and will be made when accrediting the FIT application. There is no option to submit an EPC which has been issued at a later date with the expectation to receive the higher tariff from that date onwards.

2.83. Where an installation is attached to or wired to provide electricity to a number of buildings that are ‗relevant buildings‘ only one of those buildings needs to satisfy the energy efficiency requirement.

2.84. Applications for ROO-FIT accreditation are required to provide an EPC which should confirm:

Feed-in Tariff: Guidance for renewable installations (Version 3) 28 Whether an EPC level D or above has been achieved; and the date on which the EPC was issued; and that the EPC is the most recent EPC that has been issued in respect of the relevant building.

Declarations

2.85. Applications for accreditation received on or after 1 April 2012 must include a declaration relating to the energy efficiency requirement (see Appendix 2 and 3). The declaration will need to be signed to confirm that the energy efficiency requirement is applicable and if it has been met.

2.86. There are a number of declarations that can be signed within Appendix 2 and 3, for which there are various outcomes, as set out below:

Where Declaration 1 for new installations and extensions has been signed, this indicates that the energy efficiency requirement is applicable and has been met.

Where Declaration 2 for new installations and extensions has been signed, this indicates that the energy efficiency requirement is not applicable.

Where Declaration 3 for new installations and extensions has been signed, this indicates that the energy efficiency requirement is applicable and has not been met.

2.87. Failure to provide a valid EPC level D or above on the eligibility date of the FIT installation will result in the installation receiving the lower tariff. A FIT installation cannot receive a higher tariff if an EPC level D or above is achieved

after an application for FITs has been accepted from 1 April 2012.

2.88. We advise all parties to read the relevant sections of the FIT legislation, this guidance document and take their own legal advice, before signing the relevant declarations. A copy of the declarations can be found in Appendix 2 and 3.

Extensions and the energy efficiency requirement

2.89. Extensions with an eligibility date on or after 1 April 2012 must also meet the energy efficiency requirement.

More information on EPCs can be found on the Department of Communities and Local Government

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