The
Committee consisted of the following
Members:
Brown,
Mr. Russell
(Dumfries and Galloway)
(Lab)
Clarke,
Mr. Charles
(Norwich, South)
(Lab)
Clarke,
Mr. Kenneth
(Rushcliffe)
(Con)
Clelland,
Mr. David
(Tyne Bridge)
(Lab)
Field,
Mr. Frank
(Birkenhead)
(Lab)
Goldsworthy,
Julia
(Falmouth and Camborne)
(LD)
Greening,
Justine
(Putney)
(Con)
Greenway,
Mr. John
(Ryedale)
(Con)
Holmes,
Paul
(Chesterfield)
(LD)
Kidney,
Mr. David
(Stafford)
(Lab)
Liddell-Grainger,
Mr. Ian
(Bridgwater)
(Con)
Newmark,
Mr. Brooks
(Braintree)
(Con)
Tipping,
Paddy
(Sherwood)
(Lab)
Ussher,
Kitty
(Economic Secretary to the
Treasury)
Ward,
Claire
(Lord Commissioner of Her Majesty's
Treasury)
Winnick,
Mr. David
(Walsall, North)
(Lab)
Wright,
David
(Telford) (Lab)
Mark
Etherton, Committee Clerk
attended the Committee
Third
Delegated Legislation
Committee
Tuesday 4
December
2007
[Mr.
Jim Hood
in the
Chair]
Draft Stamp Duty Land Tax (Zero-Carbon Homes Relief) Regulations 2007
10.30am
The
Economic Secretary to the Treasury (Kitty Ussher):
I beg
to move,
That the
Committee has considered the draft Stamp Duty Land Tax (Zero-Carbon
Homes Relief) Regulations
2007.
It is an honour
to serve under your chairmanship, Mr.
Hood. In the 2006 pre-Budget report, my right hon. Friend the then
Chancellor of the Exchequer announced that to help to kick-start the
market for new highly efficient technologies in homes, both for the
fabric of the building and in the use of microgeneration, the
Government would introduce a relief from stamp duty land tax for new
zero-carbon
homes.
Budget 2007
announced that the relief would be introduced on 1 October 2007. All
qualifying homes under £500,000 would be exempt from stamp duty
land tax, and those costing more than £500,000 will have their
stamp duty land tax bill reduced by £15,000. The tax relief will
be in place until 30 September 2012, but before the end of that time
limit we will consider the case for an extension. The relief will help
to support the Government's ambition that all new homes be built to a
zero-carbon standard by 2016. That ambition will itself help the
Government to meet its 2050 target to reduce overall carbon emissions
in the UK by 60 per cent. from 1990
levels.
Sections 58B
and 58C of the Finance Act 2003, inserted by Finance Act 2007, enable
the Government to make regulations that grant relief from stamp duty
land tax on the first acquisition of a zero-carbon home. During the
Committee and Report stages on the 2007 Finance Bill, as hon. Members
will recall, the then Economic Secretary to the Treasury, my right hon.
Friend the Member for Normanton (Ed Balls), announced a number of
changes to the policy and timetable for introducing the stamp duty land
tax relief for new zero-carbon homes. He also wrote to all Members of
that Public Bill Committee at that time. In particular, he announced
that the Government would conduct an interim review of the stamp duty
land tax definition of a zero-carbon home halfway through its five-year
life, to ensure that it is working effectively and
that we have taken the right steps to tackle tax
avoidance. My right hon. Friend said that the Government would consult
on the draft regulations, introduce the regulations by affirmative
procedure to allow further parliamentary scrutiny, and seek to align
the stamp duty land tax definition of a zero-carbon home with the
zero-carbon definition under the Department for Communities and Local
Governments code for sustainable homes.
All of these suggestions have, I
believe, led to us producing a more effective stamp duty land tax
relief for new zero-carbon homes. The draft
regulations, which have been introduced after consultation, define a
zero-carbon home for the purposes of the relief, quantify the nature of
tax relief available, and deal with the administration of the tax
relief. I will discuss each of these items briefly in turn, beginning
with the definition of a zero-carbon
home.
For the stamp
duty land tax relief to be effective, it requires a clear legal
definition of what will be exempt. My officials have been working with
colleagues across Government and beyond to develop a robust definition
of a zero-carbon home for stamp duty land tax purposes that also meets
wider Government objectives. The definition that we have developed sets
a standard that is challenging but, we believe, achievable given
current technology. In developing the definition, the Government wanted
to encourage the construction of homes that meet
three objectives: that they are radically more energy efficient than
current new homes; that they incorporate microgeneration of heat and
electricity; and that their overall energy use is derived from
renewable
sources.
There was
general consensus among respondents to the consultation on
these draft regulations that the definition of a zero-carbon home for
the purposes of stamp duty land tax should be aligned with that in the
DCLG's code for sustainable homes, as I have
mentioned. The draft regulations have therefore been amended to do
that. Starting with a common definition will maximize certainty for
house builders in these crucial early stages. I shall now set out the
key areas where the stamp duty land tax definition has
changed.
We have
amended the draft regulations to include the provision that a
zero-carbon home is allowed to be connected to the
gas mains, provided that there is adequate offsetting for the gas burnt
through the provision of renewable energy; we have allowed for district
heating solutions; and we have allowed development-wide solutions, such
as a wind turbine that serves a whole development. We believe that all
those changes are consistent with the definition of a zero-carbon home
for stamp duty land tax purposes, being achievable but
challenging.
I now
turn to some of the other details of the tax relief. The relief is
restricted to the first sale of a new zero-carbon home from 1 October
2007 until 30 September 2012. It should be noted that anyone who
completes a transaction on a new zero-carbon home between 1 October
2007 and the date on which the regulations come into force will be able
to claim the stamp duty land tax relief. Individuals who wish to claim
relief for transactions made in that period can do so simply by
amending their stamp duty land tax return, and Her Majestys
Revenue and Customs will repay any tax overpaid.
Restricting the relief to the
first sale of new homes fits in with the key objective of the measure
which is to kick-start the building of zero-carbon
homes by stimulating consumer demand. Once these homes are built, we
expect that the benefits in terms of energy savingsthat is
reductions in carbon dioxide emissionsto remain in the home for
many years. It would provide no value to the taxpayer to extend the
relief to second and subsequent sales.
Finally, I turn to the
administrative arrangements we have put in place to verify whether a
house meets the zero-carbon standards. Whether a home qualifies for the
stamp duty land tax relief is to be determined by an assessment of the
home and certification by accredited assessors. In developing the tax
relief, we were aware that it would not have been possible for HMRC to
administer it without accredited assessors in place. In England and
Wales the certification process will be linked to the energy
performance certificates for new homes, overseen by
the DCLG. The certification system will be administered in Scotland by
the Scottish Building Standards Agency, which is an executive agency of
the Scottish Executive. In Northern Ireland it will be administered by
the Department for Finance and Personnel and the Department for Social
Development, both of which are part of the Northern Ireland Executive.
On the day that the regulations were laid, I wrote to ministerial
colleagues in the Scottish and Northern Ireland Executives thanking
them for agreeing to administer the certification system in Scotland
and Northern Ireland. I am grateful for their
co-operation.
The
Government will conduct an interim review of the stamp duty land tax
definition halfway through its five-year life, to ensure that the stamp
duty land tax relief is working as intended, which is to say that it is
incentivising innovation and that we have taken the right steps to
tackle tax avoidance. We will also carry out before the end of the
five-year time limit a full review to assess whether or not we should
extend the tax relief post-2012, and we will give a clear public signal
of our future intentions.
I hope that
that has been a comprehensive explanation of the effect of the
regulations. I commend this instrument to the
Committee.
11.37
am
Justine
Greening (Putney) (Con): It is an honour and a pleasure
for me to serve under your chairmanship, Mr. Hood. As the
Economic Secretary has outlined, the statutory
instrument sets out the regulatory framework for the stamp duty land
tax proposals for zero-carbon homes. The House has debated the matter
at length several times already, and it is an important part of the
Governments effort to deliver their 2016
ambition, as the Minister described it, which is to
make all new homes zero-carbon homes. The Climate Change Bill, which
will be introduced in this House next year, is also a critical part of
delivering the Governments agenda on climate
change.
The
Oppositions concerns centre on whether the statutory instrument
will ultimately be successful and on the Governments
measurement of that success in the five years in which the regulations
are in force. We are worried that across the UK carbon emissions are
rising, having fallen in the late 1990s. Ironically
perhaps, in spite of warm words in 1997 when the Treasury said that it
would
aim to reform the
tax system to increase incentives to reduce environmental damage that
would shift the burden of tax from goods to
bads,
the
percentage of environmental taxes in relation to GDP has
fallen.
Broadly, our
aim is to understand what steps the Government will take to make sure
that the statutory
instrument is successful. When we previously debated the measure, groups
including Friends of the Earth and the National Landlords Association
expressed concern that it would have only a limited effect in terms of
the number of homes that would achieve zero-carbon
rating and thus take advantage of the stamp duty land tax relief. Will
the Minister give us more details? How many zero-carbon homes have been
built, how many are now being built, how many have already received
planning permission and how many planning applications for zero-carbon
home development are in progress?
Can the
Economic Secretary give us a better understanding of what the
Government expect the tax relief to amount to over
the course of the five years? That was discussed on the Floor of the
House during the Committee and Report stages of the 2007 Finance Bill.
Questions were asked about whether the £15 million budget that
had been set aside to provide the relief would actually be used, given
the number of zero-carbon homes that the Government wanted to be built
by 2016. We debated the mismatch between those figures and whether the
policy did not have enough ambition in itself to deliver 100 per cent.
of new housing being zero-carbon homes by 2016. Will the Minister give
us realistic figures on how much she expects the relief to be used in
the coming five years?
Several years ago, I went to
see a project close to my constituency in Putney that had attempted to
be a low carbon emission site. It had been relatively successful,
but not as successful as hoped. It was not quite
zero-carbon, though that had been the original intention. This
statutory instrument is quite specific that to be eligible for the
relief, the homes have to be zero-carbon, so there is no prize for
being five-star or four-star: it has to be six-starzero-carbon.
That is an important point.
Builders will say that it will
take some time to design and develop prototype homes,
and to have people live in them so that they can understand whether
those prototypes actually do deliver zero-carbon homes. After that,
they may have to redesign to achieve the actual zero-carbon home that
will go into production. To what extent is the Minister aware of
builders successfully developing zero-carbon homes? How many are
looking at prototypes that the Treasury believes will be able to
deliver substantial numbers of zero-carbon homes over the five-year
period? When does she expect the first zero-carbon home to be built and
successfully to claim the relief? That is important; otherwise, the
regulations, well intentioned though they may be, will actually achieve
very little. Those of us who are concerned about climate
changethe Opposition certainly arewould be disappointed
to see this building block not achieve its
aims.
We also have a
number of questions about the accreditation schemes
and the framework against which houses will be assessed. How many
accredited assessors are there in place? Does the Minister feel that
those that we have are in the right parts of the country to be
convenient, and can she tell us more about the training programme for
assessors? This would give us a little more confidence about the degree
of expertise that they will bring to bear when they assess zero-carbon
homes. We have to make sure that that assessment is a rigorous and
robust one. The Minister set out some evidence bases for a home to be
classed as zero-carbon, so it is important that the people who will
gather the evidence and assess it are adequately trained. If she could
tell us
more about the training procedure, including the length of time that she
expects the courses to last, that would be extremely
helpful.
The net
CO2 emission evidence base refers to CO2
emissions from the dwelling over the course of the year,
calculated in accordance with the approved
methodology, and the methodology is obviously something for the
Secretary of State to approve. Will the Economic Secretary say more
about what that methodology will be? I hope it will be rigorous. The
definition, or lack of a detailed definition, of a zero-carbon home was
debated at some length. I can see that the hon. Lady has tried to put
more flesh on the bones, but if she can elaborate on the approved
methodology, that would be helpful.
Finally, can the Minister say
when she expects the results of the review that is to be carried out
halfway through the five-year period? When does she think the review
will be finalised? When does she expect to be able to report the
outcome of that review to the House? What form will that
takewill it be a written or an oral
statementand how does the Treasury plan to
elaborate on its assessment? Can the Minister state clearly and
specifically the targets for the interim period? How many zero-carbon
homes would have to have gained relief for the Treasury to say that, to
date, the scheme had been successful?
If the targets could not be or
were not met, what would be the Governments
approach to remedial action? If some of the concerns raised across the
House ultimately and unfortunately proved to be valid, what steps would
be taken to follow up an unsuccessful policy? That is important,
because without a clear framework for assessing the effectiveness of
this policy mid-way through, remedial steps will be very difficult to
take. That is pretty fundamental given the importance of the policy to
achieving climate change targets and, of course, the 2016 targets that
the Government set themselves. We need to hear from the Minister what
she thinks the Government ought to do if we get to 2009-10 and have not
seen sufficient progress as a result of this statutory
instrument.
10.48
am
Julia
Goldsworthy (Falmouth and Camborne) (LD):
We had much merriment debating this issue in
proceedings on the Finance Bill earlier in the year. All that merriment
seemed to focus around whether or not planning permission had been
given to a site in the constituency of the then Economic Secretary to
the Treasury, how many homes that provide and the whole issue of the
definitions. What the whole subject boils down to, however, is supply
and demand.
Clearly
the tax relief is designed to stimulate demand for zero-carbon
properties, but how ambitious is it? The key question
is why the measure is narrowly focused only on new zero-carbon homes
and on the first acquisition of those new zero-carbon homes. Presumably
there is also a large unmet demand out there from people who want to
retrofit existing properties with measures to improve energy
efficiency. Also, if we really want to stimulate demand, why not carry
the relief over to subsequent sales? The Minister said that she did not
see how extending the relief would generate value for taxpayers, but
that does not seem to make sense when the majority
of properties in 50 years time will be ones that were built
before today. Why are the Government not looking at incentives to
improve existing
properties?
Setting
the threshold for the relief so high does not seem to
make sense. We are talking about quite expensive
propertiesthose valued at more than £500,000. Surely the
biggest benefit is in respect of affordable homes, not least because of
the energy savings that such properties offer and the cost of providing
that to the people buying the homes. Will the Minister say why the
thresholds have been set at those levels and why the relief is not to
be extended to subsequent sales? I am not sure what her definition of
value for taxpayers is in the context.
I would be
interested to know how many SDLT returns the Minister anticipates will
be returned for amendment. Why did she set a time limit of 2012?
Surely, to fit into the time frame of having 100 per cent. of all new
homes being zero-carbon by 2016, it would make sense to have a time
limit that ties in with thateven if it was to be reviewed
halfway along.
Thankfully,
we have a definition of a zero-carbon home in the regulationsa
benefit that we did not have when debating the issue earlier this year.
Although it is helpful to have that clearer definition, I am interested
in what the Minister said about the relief being extended to houses
that are connected to the mains gas supply. I come from a part of the
world where a large number of properties simply do not have access to
mains gas supply. Will that create a regional differential in the
logistical viability of building zero-carbon homes? For homes that have
no access to the mains gas supply, the bar is effectively being raised
even higher.
I also wonder
why there is nothing in the instrument about the construction process.
Construction of a new property often has the biggest impact in terms of
carbon emissions. I have talked at great length to a constituent of
mine who has built some units of work space just outside my
constituency. His whole focus was not on trying to achieve a building
that would have zero-carbon energy consumption, but to make the
construction process as close to being zero-carbon as was possible. For
example, rather than ship in cement and sand from different countries,
he used rammed earth; all the materials were on site, which was a huge
energy saving. I am disappointed that incentives for that kind of
ambition and innovation have not been captured. There was an
opportunity to do that in this measure, as we saw it in this
years Finance Bill.
I also have a couple of
questions about accredited assessors. The hon. Member for Putney asked
how many assessors there are, but what is their geographical spread?
What happens if none are available in an area? Would that increase the
cost burden? Who will bear the cost of seeking accreditation?
Will it be the builder, the seller or the buyer? One can draw parallels
with Cornwalls experience of objective 1 funding, when there
was such demand in funding applications for building work space that
the Government office for the south-west set higher environmental
standards. That was laudable, but two problems were then found: not
only was no-one available in the region to assess against those higher
standards, but no-one could work out whether it was possible to assess
against them. My concern is that there will be similar problems in
accessing people who can undertake these assessments.
I am also concerned that the goalposts might shift halfway through the
process, given that the statutory instrument says
that
The
Secretary of State may approve a
methodology
I would
appreciate some comments on that.
Will the Minister comment on
how far the measure will help the Government reach their target of all
new homes being zero-carbon by 2016? There is nothing to oppose in that
targetit is motherhood and apple piebut having looked
at the details of the statutory instrument, I am
concerned that it will have an incredibly limited impact and will not
stimulate demand in the way that is needed if we are to hit that
target. Are the Government considering other measures to run alongside
the relief? If the supply side issue and the application of the measure
to existing properties and subsequent sales are not tackled, that
target will be very difficult to
meet.
On the supply
side, a critical point that must be dealt with is the fact that local
government needs to be able to set higher baseline standards for energy
efficiency in the building process. I understand that
the hon. Member for Sevenoaks (Mr. Fallon) makes that point
in his private Members Bill. Are the Government considering
co-operating on that? It is tackling supply as well as demand that will
fundamentally help the Government to achieve their 2016
target.
10.55
am
Mr.
Brooks Newmark (Braintree) (Con): I welcome the Economic
Secretarys contribution to the debate on this subject. As the
hon. Member for Falmouth and Camborne said, it was one of the liveliest
debates of the last Finance Bill Committee, on which the Minister
also served before her well deserved promotion. I am
sure that she is grateful for the Governments amendment, which
has allowed that lively debate to continue a little longer by requiring
the draft regulations to be considered under the affirmative
procedure.
As my hon.
Friend the Member for Putney has said, we are wholeheartedly in favour
of stamp duty relief for the purchase of new homes, albeit our own
policy is somewhat broader and would provide many
more first-time buyers with assistance. Nevertheless, we supported a
tax relief on zero-carbon homes in this years Finance Bill,
because we recognised that the policy would, in all probability, help
at least some eco-homes to be
built.
At the time,
however, there was little certainty from Ministers on how the relief
would operate, or how much it would cost. No matter
how many opportunities the then Economic Secretary had to rehearse his
lines, he somehow still managed to fluff them. Now that we have a
definition of a zero-carbon home in the draft regulations, will the
Minister do what her predecessor could not and give us the
Treasurys best guess of how many zero-carbon homes are expected
to make use of the relief in each of the next five years that the
regulations are in force?
The cost of the relief given in
the Red Book is projected to be £15 million by 2012. Now that
the Economic Secretary has had a long summer to look into the details
of the projection, can she tell the committee how many zero-carbon
homes per annum that figure represents? She will remember that I gave
the Finance Bill Committee a back-of-the-envelope calculation of 7,500
new homes, based on an average
house price of £200,000 and consequent relief of £2,000.
Admittedly, however, that figure is very rough. If all the homes
qualify for just the minimum £1,250 relief, the £15
million would pay for relief on 12,000 new homes; but it would pay for
only 1,000 homes which qualify for the maximum relief. A detailed
analysis of the mix must have been produced by the Treasury. Will she
release it to the Committee or write to
me?
The standard
assessment procedure for the energy rating of dwellings used by
assessors will require them to apply a margin of error of approximately
4 per cent. Presumably that is what the former
Economic Secretary meant when he defined the desired standard for a
zero-carbon home as zero, or thereabouts. Now that we
have a definition of a zero-carbon home in the regulations, complete
with a margin of error, perhaps the present Economic Secretary will be
able to answer another dated question: how many zero-carbon homes
already exist and what is her best estimate for how many have already
qualified for the relief since the 1 October
2007?
The
summary of consultation responses from HMRC admits to changes in the
draft regulations to remove explicit references to the standard
assessment procedure, on the grounds that it is a living document, and
replacing it under regulation 7 with an open-ended approval of
methodology by the Secretary of State. But if the SAP is a living
document, I think that it is presently in hibernation. Version
9the latestwas published in 2005. We now face basing a
tax relief that offers only a five-year window of opportunity for
developers in a field of fast-moving technology on guidance that is
already two years out of date. I gather that an SAP update is intended
to make provision for the energy consumption of appliances and to take
account of wind power. When will this revision take place? Is the
Economic Secretary able to give some commitments on when the next
version will be published and what the next steps will be? Will she
also provide me with some information about departmental responsibility
for the guidance and any future revision of the present
regulations?
The
Economic Secretarys statement on 18 October noted that
the
zero-carbon standard
for stamp
duty
is
closely
aligned with the zero-carbon requirements set out in Department for
Communities and Local Government's Code for Sustainable for
Homes.[Official Report, 18 October 2007; Vol.
464, c.
55WS.]
However,
the Governments standard assessment procedure for the energy
rating of dwellings was published under the auspices of the Department
for Environment, Food and Rural
Affairs.
Further, the Treasurys
consultation response to the draft regulations, which
was published in October, referred to an aspiration that
micro-generation technology would have to comply with the Department of
Business, Enterprise and Regulatory Reforms certification
scheme in future versions of the regulations, and that discussions
about how to achieve that aspiration were continuing. However, in
March, Budget note 26 anticipated the launch of the scheme later in the
year, and paragraph 19 unequivocally stated:
Use of approved
equipment will be a requirement of the exemption.
What happened to that
strong commitment to the certification scheme? Will the Economic
Secretary update the Committee on the progress of her
continuing discussions with DBERR about the incorporation of
micro-generation certification in
future?
Under
the Economic Secretarys predecessor, relations between the
Treasury and DCLG were completely harmonious, providing a model of
constructive marriage between Departments. I am sure that the
relationship is still close, but will she confirm whether it will be
HMRC, DCLG, DEFRA or DBERR that takes ownership of any future revisions
to the regulations, since all four presently have a piece of the pie,
or whether developers will continue to be condemned to death by
acronym?
Moving
on to practical issues, the Treasurys summary of consultation
responses expressed concerns about the number and qualification
of accredited assessors. Nevertheless, the Governments response
was confident about both the number and qualification of assessors. I
am curious about some of the time scales, so perhaps the Economic
Secretary will give me some reassurance about her close relationship
with DCLG.
The energy
assessor accreditation standards and minimum requirements were
published by DCLG only on 26 Octoberwell
after the regulations under consideration will be deemed to have been
in force. DCLG gave the deadline for the first tranche applicants as 23
November, and the evaluation panel for applicants convened yesterday,
with a view to giving approval to the first applicants by next Monday.
Has the Economic Secretary had any recent discussions with ministerial
colleagues about the issue, and is she still confident that the process
is on track and that sufficient assessors will soon be
available?
The
cost to the vendor of the assessment process is
related to the availability of assessors. Will the
Economic Secretary estimate the cost of obtaining an energy performance
certificate, particularly given that the minimum available relief is
just £1,250? I also want to pick up on something that appears in
the explanatory memorandum but to which I could not find an explicit
reference in the regulations. I am sorry that the hon. Member for
Wolverhampton, South-West (Rob Marris) is not present. If I have missed
any reference, I hope that the Economic Secretary will correct me. At
paragraph 3.2, the memorandum says that the regulations will apply to a
house, but that maisonettes and flats do not qualify for SDLT relief.
Just as not every house is a home, not every home is a house, and I do
not see the rationale behind the
distinction.
I
am intrigued that the Treasury admits in its consultation response that
it has allowed for district heating in order not to prejudice
urban houses which...do not
have the space
for
on-site generation. The Treasury seems to make an argument for the
benefit of high-density housing, but not to make the relief available
to much of that same high-density housing. Will the Economic Secretary
admit that there are likely to be many more new urban flats and
maisonettes than new homes, and that they should all be included in the
relief?
Will the
Economic Secretary also reassure the Committee about HMRCs
powers under regulation 4(5), whereby the Revenue can refuse
relief
if they have reasonable grounds to
think that a dwelling is not a zero-carbon home within the meaning of
these Regulations, notwithstanding that a zero-carbon home certificate
has been issued in relation to that
dwelling?
Could
the Economic Secretary elaborate on what will constitute reasonable
grounds for ignoring an EPC that has been produced by an
accredited assessor in compliance with the published
guidance?
Budget note
26 speaks of the relief applying to
the vast majority of new
zero-carbon homes in the UK,
but it is silent as to which homes it
anticipates will be excluded. Again, does it mean flats and
maisonettes? Likewise, the Treasurys publication of
consultation responses states
that:
HMRC
expect to use this power only in unusual
circumstances.
The only
unusual circumstance given is the production of
fraudulent certificates. But are any of the circumstances envisaged?
The regulatory impact assessment regards this relief as essentially
self-policing. But does that confidence in self-policing stand up to
the anticipation that there will, inevitably, be some fraudulent
claims. What level of fraud is anticipated and what sanctions are
available to HMRC beyond the refusal of an EPC and the contingent SDLT
relief?
Finally, point
6 of the DCLGs document Approval of Energy Assessors
Accreditation Schemes for Newly Constructed Dwellings mandates
that operators have a complaints resolution scheme in
place; with customers having recourse to an independent third party if
they are not satisfied. But I would be interested to know what happens
where the HMRC will not accept an EPC that has already been issued by
an accredited assessor. Will customers have a right of appeal against
the Revenues decision and, if so, to
whom?
I am conscious
that I have spoken at some length and raised a number of issues that
the Economic Secretary may not have time to deal with, but this is an
issue that I am pleased to be able to follow up from our deliberations
on the Finance Bill earlier this year. I would be very grateful if she
could write to me in due course if there is anything that she cannot
address
now.
11.7
am
Kitty
Ussher:
This has been a useful debate to flush out some of
the remaining issues. I have a slight sense of dÃ(c)jà vu
having been a Back-Bench Member of the Committee on the Finance Bill
and having attended the debate on the Floor of the House too. I am
honoured to have the opportunity to try to bring some closure,
temporarily, to these issues. I start with the useful contribution from
the hon. Member for Putney. Her first question was quite simply whether
our policy will be successful.
We think it is the best guess
of a successful policy. We realise, however, that we are starting in a
vacuum. That is the nub of the point raised by several hon. Members. We
believe that by introducing this relief we will boost the supply of
zero-carbon new build, which is what we are trying to achieve. We have
estimates of what that rate of uptake will look like, but obviously we
will not know until we are there. So, to answer in one sentence a
number of questions that have been raised, we are introducing this
incentive because there are not nearly enough
zero-carbon homes at the moment. I do not know what the number is. I
suspect it is extremely small. That is rather the point.
As far as I am aware, there have
been no applications as a result of the limited publicity that has been
generated by the Bill. That is why we are taking action. The Liberal
Democrat spokesman described this as one of the most frivolous
or amusing sittings on the Finance Bill. I do not find anything amusing
in the fact that there is none at the moment. That is precisely why we
are taking action. Our ambition is that by 2016, which is admittedly a
long way away, all new build homes will be zero-carbon. That is a
publicly stated ambition.
The number of new homes that we
hope will be achieved by then is in the region of 240,000. We are
starting at zero now. Our ambition is that they all should be
zero-carbon by then. We are setting the policy in place, along with a
number of others to affect the markets in different ways, to help us
get there and to boost activity. I could not say how many there will be
this year, next year or the year after. We have published estimates in
the PBR documents, saying roughly what we believe it will cost the
taxpayer. I draw the attention of the hon. Member for Braintree to the
factindeed, I am sure he already knowsthat we think it
may cost about £15 million in 2011-12; he can
do a back-of-the-envelope calculation to find out how
many homes that might be. However, it may be something entirely
different. That is our best guess, which is why it is so important to
review matters part way
through.
Mr.
Newmark:
I am sure that Treasury officials are fairly wise
people, and that they will have used a spreadsheet with an analysis
going forward over five years. I suspect it will be some form of
J-curve, because these things take off slowly. There must have been a
year-by-year analysis in order to come up with the numbers in the
reportand, going backwards, it must show how they got there. It
would be interesting to find out the sort of uptake they expected and
how quickly they saw homes being built in each of the next five
years.
Kitty
Ussher:
The hon. Gentleman is persistent. If I was
absolutely confident about the numbers, I would be extremely happy to
tell him. The fundamental point is that we are introducing a policy
that we believe will have the incentive effect of spurring the supply
of the sort of homes that we want, but we do not know the exact shape
of that J-curve. I do not want to put a number on record, because I am
not confident of what the number is.
I believe that the policy will
have a positive effect; the best information available at the moment
shows that it will help us achieve our ambition by 2016.
However, it is clear from the fact that we are committed to
reviewing the scheme halfway through that we do not know the shape of
that J-curveif, indeed, it is a J-curve, as the policy has not
yet started. It is right that we should start with publicity, getting
the construction industry to respond and getting consumers to want
zero-carbon homes, if they are interested financially or for other
reasons, and then to consider how things are working and whether we
need to take further action.
The hon. Member for Putney
asked exactly what action we would take if the review showed that our
current policy was not effective enough. Of course, it could be
over-effective; we could overshoot the line
needed to reach our ambitions. I shall not be specific, because we do
not know the numbersit could be 5 per cent. out, 20 per cent.
over, or 30 per cent. under. However, we would obviously consider the
number of homes that have been built, the net carbon savings achieved,
the cost to the Treasury, the effect on the industry and the value of
the policy relative to other carbon-saving
schemes.
Justine
Greening:
I wish to press the Economic Secretary further
on that question. It is important that we should understand
what the Government hypothesis was, in relation to the building
industry and the house-buying behaviour of consumers, and how it led to
this policy having a particular budget. We seek only the
behind-the-scenes calculations done to have ended up with a £15
million budget. The figure must have come from somewhere; it could not
have been pulled out of the air. If nothing else, we are trying find
out the basis for that calculation. Will the hon. Lady give us more
detail?
Kitty
Ussher:
The answer to that question is the same as my
answer to any question about how policies are developed. We set out our
aspirations, and took advice from as many sources as were available on
how we could achieve it. Having a price differential between
zero-carbon and non-zero-carbon homes will kick-start the market is
common sense. We committed ourselves to consulting widely before
todays debate, and we have gathered the best available evidence
and expertise from the wider world. We also have anecdotal
evidence that it will be extremely effective. A colleague from
the Energy Savings Trust has said that the renewables industry will be
able suddenly to invest in capacity, as it knows there will be a
requirement to use its products. We have had various public responses
from building companies saying that they believe that it will have a
huge effect. I cite one. Dave Hill, a developer in Upton, Northampton,
said:
The
costs of making a conventional home into a zero-carbon home aren't as
bad as I thought. It gives me confidence that, in 10 years' time, we
will be building them for the mass
market.
A lot of the
evidence is anecdotal, which is why I am very reluctant to give precise
figures. I hope that hon. Members will understand that reasoning.
Nevertheless, the Government think that the proposal will help us to
achieve our aspiration. We have committed to holding a review at an
appropriate time to ensure that we can adjust our policy as and when
necessary.
The measure
is not the only one that is being proposed. We should ensure that the
planning system helps to encourage lower carbon dioxide emissions and
does not present a barrier to the development of homes that might
differ from those to which we have become accustomed. We are consulting
on a planning policy statement on climate change, and we shall publish
the final document later this year. Various other initiatives are being
proposed by other parts of Government too, so the policy is very much
cross-departmental. The code for sustainable homes has been introduced
as a voluntary standard in England, and colleagues will know that that
allocates star ratings from one to six for new homes, with a rating of
six corresponding to the zero-carbon standard. We recently announced
our intention to introduce mandatory ratings under the
code from April next year and we are consulting on how to take that
forward. The policy should not be considered in isolation,
therefore.
Justine
Greening:
Will the consultation consider whether graded
relief should be given to different star ratings,
rather than there being a step change in relation to the zero-carbon
requirement?
Kitty
Ussher:
That is not our current policy. We simply want to
boost the top end and to have a tough standard for that, because that
will help us meet our 2016 aspiration.
I am told that we have some 500
accredited assessors. The training process is already up and in place,
and the SAP assessors are already trained and in place and are
assessing energy efficiency now. The schemes for the EPC energy
assessors are being approved by DCLG as we speak. That Department will
run training for new assessors, who will need to meet national
occupational standards or have their existing experience taken into
account when they are certified. The important general point at this
stage is that, given the likely shape of the take-up
graph, we have no concerns as to the availability of assessors. We
shall obviously keep that under review as the policy rolls
out.
Regulation 7
concerns the approval of methodology for the definition of zero-carbon
homes. The regulation sets out the formal legal position, which is that
the Secretary of State makes the approval, although in practice the
approval will be by DEFRA working alongside DCLG. The hon. Member for
Falmouth and Camborne asked why the relevant date is 2012. The first
reason is that that ties in with the timing of the spending review.
Secondly, it seems sensible to have a five-year policy that is reviewed
half way through, rather than to presume that we can already decide
what will help us reach our 2016
ambition.
On existing
homes, it is extremely important that the amount of carbon output from
them is reduced and that energy efficiency is increased, both from the
point of view of meeting our carbon targets and of
the important issue of fuel poverty. The Government believe that it
will be incredibly difficult to make existing homes zero-carbon, which
is why this particular policy does not apply to them. Various policies
exist, however, such as the Warm Front scheme of which I am sure all
hon. Members are aware. They provide support to the public for reducing
carbon emissions in existing homes.
The hon. Lady also mentioned
access to the mains gas supply. I am not sure that her logic completely
works, because the Government have decided to include homes that have
access to that supply within the scope of eligibility for relief, as
long as they are overall zero-carbon homes. We believe that, over a
year,
there can still be zero carbon output even if a little gas is used,
provided that it is compensated for by other measures in the house. The
fact that someone does not have access to the supply
and has other ways of generating their energy should not result in
their particularly being discriminated against. Indeed, one could make
the superficial argument that such rural properties might have access
to other types of renewable generation that are harder to use in urban
areas.
With regard to
considering the construction energy use when looking
at the definition of a zero-carbon home, the hon. Member for Putney is
right that that is not included in the current definition. However,
during the Budget debate we committed publicly to considering looking
at that as part of the review process. Obviously, it would be a good
thing to find a way of capturing those energy costs as well.
The hon. Member for Braintree
mentioned the issue of flats and how it was rather complicated to work
out how shared spaces are accounted for when allocating
certificates, which is obviously something that we
would like to be able to do. As he said, a lot of people live in flats
and a lot of new builds will be flats and shared dwellings, so that
will also be included in the review.
Justine
Greening:
Obviously, developments as a whole will be
assessed, so will that be looked at by the
Minister?
Kitty
Ussher:
At the moment, the proposal is for individual
houses as homes. However, homes that are part of a development of
houses, such as an estate, can be considered. The proposal does
not cover shared doorways, roofs and communal spaces of that type, but
we hope that it will one day and that will be included in the
review. There are simply some complicated definitional issues that we
could not resolve in the time available. I hope that I have covered
most of the points.
On
the issues raised by the hon. Member for Braintree on which bits of the
Government are doing what, the only answer that I can give at this
stage is that it is a genuinely cross-Government initiative and we are
working together extremely well. I may not be married to a Minister in
another Department, but they are still very cordial
relationshipsI would not wish to speculate whether they are
more or less cordial. With regard to the issues that he raised on fraud
and appeal, those are operational matters for HMRC, and if I have
anything further to add I will write to him, as he suggested. I hope
that that is
sufficient.
Question
put and agreed
to.
Resolved,
That
the Committee has considered the draft Stamp Duty Land Tax (Zero-Carbon
Homes Relief) Regulations
2007.
Committee
rose at
twenty-two minutes past Eleven
o
clock.