Building owners face Sh1m fine over solar heaters

Owners of new buildings without solar water heaters face jail terms or fines of up to Sh1 million as the energy regulator prepares to audit properties in line with a law passed three years ago.

The Energy (Solar Water Heating) Regulations 2012 require builders of residential and commercial houses whose hot water needs exceed 100 litres per day to include solar water heating systems in their designs.

A number of property owners have breached this law and the Energy Regulatory Commission (ERC) says it will start an inspection of buildings to nab those flouting solar rules.

“We have given developers enough time to comply but that may no longer hold. Going forward we will handle everything as stipulated in the regulations,” Pavel Oimeke, ERC director for renewable energy told the Business Daily last week.

He said that the audit will cover the 47 counties, a move bound to unsettle owners of homes, hotels, health institutions, boarding schools and universities which are yet to fit the solar heaters.

The ERC reckons that only a small fraction of properties built over the past three years have complied with the guidelines.

“A person who contravenes the provisions of this regulation commits an offence and shall, on conviction, be liable to a fine not exceeding Sh1 million, or to imprisonment for a term not exceeding one year, or to both,” states a legal notice dated April 4, 2012. Under the solar energy guidelines, premises that existed before the law took effect in 2012 had been given a grace period of five years to comply.

“We have been issuing warnings to those who have not complied, giving them a maximum of 90 days to do so and most seem not to have heeded,” said Mr Oimeke.

Kenya Power has also been put on the spot for flouting rules which demand that it stops connections to buildings which do not comply with solar water heating requirements.

READ: Kenya Power defies solar heating rules

The energy regulator said the solar kits will help conserve energy and lower demand for electricity as increased economic activity and connection of more homes to the grid puts pressure on exiting electricity generation plants.
The solar rules could help homes slash electricity bills by up to 20 per cent. But property developers have cited prohibitive costs of solar heaters as a deterrent to increased uptake.
The cost of a complete solar water heater system for domestic use ranges between Sh125,000 and Sh150,000 per unit and between Sh600,000 and Sh2 million for commercial buildings.
On the other hand, the use of solar kits has grown among counties for lighting streets and schools which are not connected to the power grid.