OFGEM and EPC

[jason121]

Received email from customer stating that OFGEM have rejected my EPC from last July (they have had two payments already) due to the Non Building Declaration having incorrect wording. They have threatened to take away higher rate and in place give lower rate. THATS NOT FAIR.:sad_smile:

 

[Somecamel]

What a Joke these Quango's are!!

Do you a copy of the wording used?

 

[jason121]

This declaration confirms that it is not possible to obtain an Energy


Performance Certificate (EPC) for the site that the PV installation is


attached or wired to provide electricity to because:-


The site does not meet the minimum requirements of the Energy


Performance of Buildings Directive to conform as a building.


Building definition from the Energy Performance of Buildings Directive:


‘Building’: a roofed construction having walls, for which energy is used to


condition the indoor climate; a building may refer to the building as a


whole or parts thereof that have been designed or altered to be used


separately.


This declaration has been prepared by a qualified Energy Assessor.

 

[Somecamel]

What reasons did they give for the rejection?

 

[jason121]

The said the letter must contain the wording ‘’not a relevant building’’
Also that the building in question is not wired to any other building to provide electricity
Something about not being a relevant building using no heating or cooling.

 

[Worcester]

I would say theat the words from the EP Assesors is weird, and even to me is confusing as to what he is saying.

We check with the FiT provider first what exact words they wanted on the declaration before we send that kind of application in.

We asked Good Energy specifically what words they needed from an assesor for a 'domestic' installtion. - Single owner, so not a "communal area" power supply on dedicated MPAN to an unheated, uncooled 'summer house' and garage / workshop legally not classed as a dwelling the words they wanted were:

If a building is not required to have an EPC then we must see a letter from an authorised EPC assessor who has stated that "the building is not a ‘relevant building’ and therefore does not need an EPC."

Those words are key, hope that helps

 

[jason121]

This non EPC is a year old and I have 5 more like out there, also the same guy has sent these out to other installers in the area. Npower have given the customer 21days to sought this or the low rate. The letter was dated 15/5/13. I only received this today.

 

[pwboston]

Surely in law, there is a time limit these things can be rejected, just the same as theres a time limit you can submit a claim for the higher rates.

 

[TedM]

This is just another example of people making up the rules as they go along.

There is nothing in the legislation that states that an exemption letter needs to use any particular phrasing. In fact there is no mention there of any exemption at all.

https://www.gov.uk/government/uploa...324-feedin-tariff--licence-modifications-.pdf

The way this has been worded means that all you have to prove is that neither the middle nor the lower rate applies to an installation. Then you automatically qualify for the highest rate - para 14.

Paras 6 and 7 state the conditions for a lower rate to apply. "relevant building" is just a defined phrase within that.

I can understand why using "relevant building" in an exemption letter is a good idea but I cannot see that it is in any way an absolute requirement.

The issue is also covered from 2.88 in the OFGEM FiT Guidance - http://www.ofgem.gov.uk/Sustainability/Environment/fits/Documents1/FIT Generator Guidance.pdf

Nowhere does it say that the words "relevant building" must be used in an exemption letter. At 2.90 it does say:

"If an EPC cannot be issued then the building is not a relevant building and the energy efficiency requirement does not apply."

So the mere fact that an EPC cannot be issued means a building is not a "relevant building".

I recollect asking OFGEM at the time that these changes came in what type of letter or certificate would be required to prove an exemption for the need for an EPC and got no reply.

So write back to them pointing out exactly what 2.90 in that document says. All you have to provide evidence for is to show that an EPC cannot be issued.