Deadline Looms for Compliance to Solar Water Heating Regulations

The ERC intends to carry out random enforcement checks to buildings under construction and existing premises to ensure compliance with regulations.

Deadline Looms for Compliance to Solar Water Heating Regulations

Property owners in Kenya have until 25th November 2017 to ensure they fully comply with the Energy (Solar Water Heating) Regulations, 2012. This deadline was set by The Energy Regulatory Commission (ERC) to allow additional time to property developers after many failed to comply by the earlier set deadline of May 25, 2017. Many property owners cited high costs of the solar water heater kits as the main reason for failure to comply with the regulations.

The Energy (Solar Water Heating) Regulations, 2012 require among other things that:-

  1. All premises within the jurisdiction of local authorities with hot water requirements of a capacity exceeding one hundred litres per day shall install and use solar heating systems;
  2. Within a period of five years from the effective date of the Regulations, all existing premises with hot water requirements of a capacity exceeding one hundred litres per day shall install and use solar heating systems;
  3. An owner of premises, Architect and an Engineer engaged in the design, construction, extension or alteration of premises shall incorporate solar water heating systems in all new premises designs and extensions or alterations to existing premises;
  4. An electric power distributor or supplier shall not provide electricity supply to premises where a solar water heating system has not been installed in accordance with the Regulations.

The premises targeted by these regulations include:

  • Domestic Residential Premises
  • Educational Institutions
  • Health Institutions
  • Hotels and Lodges
  • Restaurants, Cafeterias and other eating places
  • Laundries.

The regulations came to effect on April 4, 2012 and compliance for existing buildings was to be done within five years after the effective date. Developers and professionals working on new designs or making alterations or extensions to new buildings were required to ensure that such facilities are incorporated in the structures.

According to an earlier notice, The ERC intends to carry out random enforcement and surveillance checks to buildings under construction and existing premises to ensure compliance with regulations upon expiry of the deadline. Owners of eligible buildings not meeting the requirements risk a one year jail term or a fine of one million shillings according to a Legal notice dated April 4, 2012.

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