Guidance

Closed loop ground source heating and cooling systems: exemption conditions

Check if you're exempt from needing an environmental permit for a new closed loop ground source heating and cooling system.

From:
Environment Agency
Published
2 October 2023
Last updated
30 September 2024 — See all updates

Applies to England

Overview

If you can meet all the exemption conditions in this guidance, you will not need an environmental permit for a new closed loop ground source heating and cooling system.

This is a system that:

  • is fully sealed
  • does not take water from the environment
  • does not discharge water or fluids to the environment

Boreholes or pipework used for these systems are fully sealed and have no direct connection with any groundwater.

If your system was installed before 2 October 2023 it is an ‘existing’ system. If so, you do not need to meet the exemption conditions or have an environmental permit to run the system. But the system must not cause pollution.

These exemption conditions apply to systems installed on or after 2 October 2023.

The exemption conditions are set out in The Environmental Permitting (England and Wales) Regulations 2016.

You do not need to register your system with the Environment Agency if it meets all the exemption conditions.

1. The system must be a closed loop system that does not discharge pollutants to the environment, other than heat transfer

The system must be fully sealed and not discharge water or fluids into the environment.

2. The system must not cause pollution of surface water or groundwater

You must make sure your system:

  • is not harmful to human health or the quality of water-dependent ecosystems
  • does not result in damage to material property
  • does not interfere with amenities or other legitimate uses of the environment

3. The system must not be in a groundwater source protection zone 1

To prevent groundwater pollution you must check if your system is in a groundwater source protection zone 1 (SPZ1).

A groundwater SPZ1 can be the area around a commercial water supply used for drinking water or food production. To check if your system is in the inner zone (zone 1) you can either:

  • use Magic map – search for the system location, then select ‘Source Protection Zones merged (England)’ from the non-statutory land-based designations in the table of contents
  • contact the Environment Agency to request a nature and heritage conservation screening if you cannot use Magic map

A groundwater SPZ1 is also any area within 50 metres of a private groundwater supply for human consumption or food production. Ask your neighbours if they have a private groundwater drinking supply. If so, ask how far their spring, well or borehole is from your system. You can also check with your local council to see if they have any records of private groundwater drinking supplies in your area.

4. The system must not be within 50 metres of a well, spring or borehole used to supply water for domestic or food production purposes

This is to prevent groundwater pollution.

To check if you can meet this condition, you can:

  • use Magic map to check for SPZs, which may indicate the presence of public water supply sources nearby
  • contact the local council to see if they have a record of any private water supplies close to your system
  • ask your neighbours if they have a private water supply or other type of abstraction and, if so, how far their spring, well or borehole is from your system

5. The system must not be in or near protected sites and ancient woodlands

You will not meet the exemption conditions if the system is within certain distances of a protected site or ancient woodland. These distances are different depending on whether the system supplies residential property, a community building or commercial premises.

A protected site includes:

  • special areas of conservation
  • special protection areas
  • Ramsar sites
  • biological sites of special scientific interest (SSSIs)
  • local nature reserves

An ancient woodland is an area that has been wooded continuously since at least the year 1600. It includes ancient semi-natural woodland and plantations on ancient woodland sites.

5.1 If your system only supplies residential premises and the maximum output is 45 kilowatts (kW) or less

You will not meet the exemption conditions if the system is within 20 metres of a protected site or ancient woodland.

You can check the maximum output of the system by:

  • looking at the design records for the system
  • asking the system designer

5.2 If your system supplies a single community building

You will not meet the exemption conditions if the system is within 50 metres of a protected site or ancient woodland.

Community buildings can include:

  • village halls
  • town halls
  • churches
  • education centres

5.3 If your system only supplies residential premises and the maximum output of the system is more than 45kW

You will not meet the exemption conditions if the system is within 50 metres of a protected site or ancient woodland.

You can check the maximum output of the system by:

  • looking at the design records for the system
  • asking the system designer

5.4 If the system supplies a single building that is not a community building or residential premises, and the floor space is less than 1,000 square metres

You will not meet the exemption conditions if the system is within 50 metres of a protected site or ancient woodland.

This condition applies to systems supplying a building with a:

  • commercial use
  • mixed residential and commercial use (for example, residential flats above a shop)

5.5 If the system supplies more than one building and the total combined floor space of the buildings is less than 1,000 square metres

You will not meet the exemption conditions if the system is within 50 metres of a protected site or ancient woodland.

This condition applies to systems supplying buildings used for:

  • public offices
  • commercial, retail and industrial uses

This condition does not apply if your system only supplies residential premises and the maximum output of the system is 45kW or less. These systems can meet condition 5.1.

5.6 If the system supplies one building or more with a combined floor space more than 1,000 square metres, or any other building that does not meet conditions 5.1 to 5.5

You will not meet the exemption conditions if the system is within 250 metres of a protected site or ancient woodland.

This condition applies to systems supplying buildings such as those used for:

  • public offices
  • commercial, retail and industrial uses

How to check the locations of protected sites

You can use Magic map to identify the locations of these sites.

  1. Search for the system location.
  2. In the table of contents, open ‘Designations’, then ‘Land-Based Designations’, then ‘Statutory’. Select ‘Sites of Special Scientific Interest (England)’, ‘Special Protection Areas (England)’, ‘Special Areas of Conservation (England)’, ‘Ramsar Sites (England)’ and ‘Local Nature Reserves (England)’.
  3. In the table of contents, open ‘Habitats and Species’, then ‘Habitats’, then ‘Woodland’ option. Select ‘Ancient Woodland (England)’.
  4. To measure the distance from the discharge site to any protected sites, select the ‘Measure’ tool from the menu then use the ‘Distance’ option.
  5. To find out if a site is a biological SSSI, select the ‘Identify’ tool from the menu, then select the protected site on the map. Open the site detail link to read the description.

If you cannot use Magic map, contact the Environment Agency to request a nature and heritage conservation screening.

6. The installation of your system must not mobilise any contamination that may be below the ground and cause groundwater pollution

Make sure you have done a desk study to identify the previous use of the land and if soil may be contaminated.

Contact your local council to find out if the system is on:

  • a known contaminated site
  • a site where contaminating activities used to take place

7. The system must not be next to a septic tank or cesspit and its infiltration system

This is to reduce pollution risks.

A cesspit is a sealed unit that is used for the storage of untreated sewage.

A septic tank is an underground tank where sewage solids sink to the bottom and the liquid flows out and soaks through the ground.

An infiltration system is a series of pipes with holes placed in trenches and arranged so that waste water can discharge through the ground for further treatment.

Make sure you have done a desk study to check the location of underground services including sewage systems.

You can contact your local water company to find out:

  • if there is a public foul sewer nearby
  • if the property is connected to public foul sewer

You may also need to ask your neighbours if their properties are connected to public foul sewers.

If there is no public foul sewer nearby then your property may be connected to a cesspit or septic tank.

8. All your system equipment must meet the relevant British Standards and Ground Source Heat Pump Association Standards

You can ask the company that designed your system to confirm that all your system’s equipment meets these standards.

The relevant British Standards are:

The relevant Ground Source Heat Pump Association Standards are:

  • Closed-loop vertical borehole design, installation and materials standards, issue 1.0
  • Shallow ground source standard, version 2
  • Thermal pile design, installation and materials standards, version 2

9. You must decommission your system properly when you stop using it

When your ground source heating and cooling system has reached the end of its life, you must make sure the system is decommissioned properly. This is to prevent groundwater pollution.

Decommissioning a closed loop ground source heating and cooling system means:

  • removing anything that could cause pollution such as thermal transfer fluid
  • sealing any structures such as boreholes

You will need to employ an installation and maintenance company to decommission your system.

Thermal transfer fluid must be removed from the system and disposed of appropriately.

If you cannot meet all the exemption conditions

You must either:

Enforcement

If your ground source heating and cooling system causes pollution you will be committing an offence. The Environment Agency will give you advice to help fix the problem. If your system continues to cause pollution the Environment Agency may take enforcement action against you.

Updates to this page

Published 2 October 2023
Last updated 30 September 2024 + show all updates

  1. Added that, if your system cannot meet the exemption conditions, you must either: meet all the conditions in RPS 307 ‘Discharge of heat to ground from a single closed loop ground source heating and cooling system supplying residential premises'; or get an environmental permit. Updated the headings for conditions 5.1 and 5.3 to say 'residential premises'.

  2. First published.

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