S.L. 545.27 Art. 12Change of use of premises.

(1) In the case of modifications relevant to the solar photovoltaic installation arising from -

(a) change of use of the premises where the solar photovoltaic installation is located;

(b) change of account holder;

(c) transfer of solar photovoltaic installation from a premises to another different premises with a different premises code but with same use;

(d) transfer of solar photovoltaic installation from a premises to another different premises with a different premises code and with different use;

(e) change option from "sell all electricity generated" to "generate electricity primarily for own use" or vice versa, as provided for in regulation 9 any applicable feed-in tariff shall remain as originally approved by the Regulator and in accordance with the feed-in tariff scheme in force during the year when the solar photovoltaic installation was first approved a feed-in tariff.

(2) In the case where an installation operator increases the generation capacity of a solar photovoltaic installation which is connected to the distribution system and which benefits from a FIT, the feed-in tariff to be paid by the distribution system operator and the period for guaranteed payment of the feed-in tariff shall remain the same as that approved by the Regulator and such increased capacity shall not be eligible for the payment of such feed-in tariff and any electricity exported above the threshold approved as part of the feed in tariff shall be paid at the proxy for the market price established under the Electricity Regulations.

(3) The changes listed in sub-regulation (1) shall become applicable from the date of the first meter reading taken after the date of submission of an application to the distribution system operator to approve and take the necessary action: Provided that, if the distribution system operator requires the carrying out of any modifications to the solar photovoltaic installation connection to the distribution system such changes shall become applicable from the date of the first meter reading taken after such modifications have been made."; and

(4) The change in location of a solar photovoltaic installation from roof-mounted to ground-mounted or vice versa, for the purposes of the scheme shall be prohibited and any such change shall lead to the withdrawal of the feed in tariff: Provided that this shall apply only when the applicable feed-in tariff for roof-mounted and ground-mounted solar photovoltaic installations is not identical.

(5) In the case of a solar photovoltaic installation connected to the grid in accordance with regulation 3 that has benefited from a grant and which was approved a feed-in tariff, such feed-in tariff shall remain applicable even if subject to the grant scheme conditions and as determined by the administrator of the grant scheme, the grant given for the solar photovoltaic installation has to be reimbursed.