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[AS AMENDED IN COMMITTEE] |
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Make
provision for a review of permitted development orders in relation
to |
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the installation, on agricultural
land, of microgeneration equipment; and to |
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make provision about the
exercise of powers in consequence of the review. |
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Be
it enacted by the Queen’s most Excellent Majesty,
by and with the advice and |
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consent of the Lords Spiritual
and Temporal, and Commons, in this present |
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Parliament assembled,
and by the authority of the same, as follows:— |
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1 |
Energy
rating of property to be included in home information packs |
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After section 163(6) of
the Housing Act 2004 (c. 34)
(contents of home |
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information packs) insert— |
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“(6A) |
The regulations must
require the home information pack to include |
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prominent
information about the energy rating of the property. |
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(6B) |
For the purposes of subsection
(6A), the energy rating of the property |
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is
to be determined in accordance with criteria set out in the
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2 |
Information
to be included in marketing material of property |
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(1) |
Where a residential property
is put on the market, the estate agent responsible |
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for marketing the property
must include in all documentation produced for the |
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purpose of marketing the
property the energy rating as contained in the home |
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(2) |
It shall be the duty of
any estate agent when offering a house for sale to include |
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in any specified particulars
the following notice displayed reasonably |
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“Climate change is damaging the planet: using too much
energy causes climate |
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change. Insulating your
home or installing microgeneration equipment can |
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save energy, cut fuel bills
and protect the planet.” |
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the “energy rating”
of the property has the same meaning as in section |
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163(6B) of the Housing
Act 2004 (c. 34); |
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“estate agent”,
“residential property”, “the market”
and related |
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expressions have the same
meaning as in Part 5 of the Housing
Act 2004 |
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5 |
(home information packs); |
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“specified particulars”
means— |
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(a) |
any leaflets, brochures
or similar written material advertising |
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the sale of any property
provided that this shall not include |
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newspaper advertisements;
and |
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(b) |
any such advertisements
on the internet. |
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3 |
Council
tax and non-domestic rates |
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(1) |
Section 24 of the Local
Government Finance Act 1992 (c. 14) (alteration
of lists) |
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(2) |
In subsection (10), at
the end of the definition of “material increase”
insert “, but |
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this definition is subject
to subsection (11);”. |
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(3) |
After subsection (10) insert— |
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“(11) |
Any increase in the value
of a dwelling caused by the installation of an |
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energy
efficiency measure or a microgeneration system shall not be
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deemed
a material increase under this section. |
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an “energy efficiency
measure” is a measure to improve efficiency |
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in the use of energy in
the property; |
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“microgeneration
system” has the same meaning as in section 4(9) |
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of the Climate Change
and Sustainable Energy Act 2006.” |
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(4) |
Section 87 of the Local
Government Finance Act 1992 (alteration of lists) is
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(5) |
In subsection (10), at
the end of the definition of “material increase”
insert “, but |
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this definition is subject
to subsection (11);”. |
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(6) |
After subsection (10) insert— |
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“(11) |
Any increase in the value
of a dwelling caused by the installation of an |
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energy
efficiency measure or a microgeneration system shall not be
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deemed
a material increase under this section. |
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an “energy efficiency
measure” is a measure to improve efficiency |
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in the use of energy in
the property; |
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“microgeneration
system” has the same meaning as in section 4(9) |
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of the Climate Change
and Sustainable Energy Act 2006.” |
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(7) |
In Schedule 6 to the Local
Government Finance Act 1988 (c. 41) (non-domestic
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rating: valuation), after
paragraph 2(7) insert— |
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“(7A) |
No alteration to
a list under this Schedule which would have the |
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effect
of increasing the ratable value of a non-domestic hereditament
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may
be made if that increase is caused by the installation of an
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energy
efficiency measure or a microgeneration system. |
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(7B) |
In
sub-paragraph (7B)— |
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an “energy efficiency measure” is a measure to improve
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efficiency
in the use of energy in the property; |
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“microgeneration system” has the same meaning as
in section |
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4(9)
of the Climate Change and Sustainable Energy Act 2006.” |
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4 |
Review
of permitted development orders |
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(1) |
The Secretary of State
shall for the purpose mentioned in subsection (2) carry |
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out a review of the effect
in England of development orders made by virtue of |
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section 59(2)(a) of the
Town and Country Planning Act 1990
(c. 8) (power by |
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order to grant planning
permission for development or a class of development |
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(2) |
The purpose of the review
is to enable the Secretary of State to form a view as |
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to what provision (or further
provision) such development orders should |
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make to facilitate development
in England consisting of the installation, on |
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agricultural land or within
the curtilage of an agricultural building, of |
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equipment, apparatus or
appliances for microgeneration. |
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(3) |
As soon as reasonably
practicable after he has carried out the review, the |
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Secretary of State must
lay before Parliament a report of the review, including |
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his view as mentioned in
subsection (2) and the reasons for it. |
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(4) |
The report must also set
out what provision (or further provision), if any, the |
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Secretary of State proposes
to make in development orders by virtue of section |
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59(2)(a) of the Town
and Country Planning Act 1990 in consequence of the |
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(5) |
Where the Secretary of
State proposes to make provision (or further provision) |
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in development orders in
consequence of the review, he must— |
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(a) |
exercise his powers under
section 59 of the Town and Country
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Planning
Act 1990 so as to provide that development orders made
by |
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virtue of that section make
such provision in consequence of the review |
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as he considers appropriate,
and |
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(b) |
exercise those powers as
soon as reasonably practicable after laying the |
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report before Parliament
under subsection (3). |
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(6) |
In this section “agricultural
land” and an “agricultural building” have
the same |
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meaning as in paragraphs
2 to 8 of Schedule 5 to the Local Government Finance |
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Act 1988 (c. 41) (non-domestic
rating: exemption). |
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5 |
Mortgages
for energy efficiency measures |
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(1) |
A bank or building society
which offers one or more mortgage products in the |
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normal course of its business
must provide a facility under which money may |
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be lent, at a reasonable
rate of interest, for the installation of an energy |
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efficiency measure or microgeneration
system. |
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40 |
“bank” has
the same meaning as in section 840A of the Income
and |
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Corporation
Taxes Act 1988 (c. 1); |
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“building society”
means a building society within the Building
Societies |
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an “energy efficiency
measure” is a measure to improve efficiency in the |
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use of energy in the property; |
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