Legal & Compliance

MCS Installer Certification

Obtain MCS certification for battery installation. Required for SEG eligibility and consumer trust. Must use MCS-approved installer from the register.

Contacting MCS-certified installers in Lancashire. Annual audit required once certified.

MCS Annual Audit Compliance

Maintain compliance with MCS annual audit requirements. Covers installation quality, documentation, and consumer protection standards.

Not applicable until MCS certification obtained.

G99 Application Process (ENWL)

Submit G99 applications for battery systems exceeding 16A per phase to ENWL. G98 for systems up to 16A per phase. Current processing times 6-12 weeks for G99.

Need to establish G99 application process with ENWL. Required documents: system design, site plan, single line diagram.

G99 Design Submissions

Prepare and submit required design documentation for each G99 application including single line diagrams, system specifications, and protection settings.

Commissioning & Connection Agreements

Ensure all commissioning certificates and connection agreements are in place before system goes live.

BS 7671:2018+A4:2024 — 19th Edition IET Wiring Regulations Amendment 4

All battery storage installations must comply with BS 7671 (IET Wiring Regulations 18th Edition). Amendment 4 publishes 15 April 2026 and introduces new Chapter 57 dedicated to battery energy storage — covering thermal runaway protection, isolation requirements, location restrictions, ventilation, and documentation. This is the most significant regulatory change for domestic BESS in 2026.

Amendment 4 publishes 15 April 2026. Chapter 57 adds specific BESS requirements: thermal runaway containment, isolation switching, location restrictions (distance from habitable rooms), ventilation specs, and mandatory documentation. Review requirements immediately on publication. All installers must be trained on new chapter before Phase 1 installations.

PAS 63100:2024 — Battery Fire Safety Standard

OPEN — RESOLUTION REQUIRED (HIGH PRIORITY). PAS 63100:2024 is the UK BSI specification for fire protection of BESS in dwellings (published March 2024). CONFIRMED: this standard exists and is the correct reference — PAS 8811 does NOT exist. PAS 63100 is not legally mandatory in statute but is effectively mandatory via insurance requirements and installer certification (MCS). Referenced in BS 7671 Amendment 4 Chapter 57. CRITICAL CAPACITY LIMITS: max 40 kWh for typical dwelling installations; max 80 kWh for external/detached garages or fire-rated garages. RoseStack's 100-200 kWh systems EXCEED these domestic limits — installations must be in purpose-built external units, not inside the main dwelling. THREE RESOLUTION ROUTES: (A) Multiple enclosures — split battery across separate fire-rated enclosures each under 80kWh with required separation distances; (B) Commercial exemption — site-specific fire risk assessment + Lancashire Fire & Rescue non-domestic classification; (C) Reduce system size — cap installations at 80kWh. Resolution route not yet confirmed for The Beeches (192kWh, 112kWh over limit). Discuss with insurers and Lancashire Fire & Rescue before any further deployments.

OPEN — RESOLUTION REQUIRED. PAS 63100:2024 confirmed exists (BSI, March 2024). Standard covers: fire containment, thermal runaway mitigation, ventilation (2x150cm2 openings), separation distances (1m from habitable room windows), smoke+heat detection. The Beeches (192kWh) is 112kWh over the 80kWh external garage limit. Resolution routes: (A) Multiple enclosures each <80kWh; (B) Commercial/non-domestic fire risk assessment and Lancashire Fire & Rescue sign-off; (C) Reduce installed capacity to ≤80kWh. No route confirmed as of April 2026. Risk registered as R-REG-PAS63100-BEECHES (probability: High, impact: High). Do not commission further >80kWh systems until resolution route is confirmed with insurer and Lancashire Fire & Rescue.

Planning Permission Thresholds

Determine planning permission requirements for battery installations. Permitted development rights may apply for domestic battery storage under certain size thresholds.

Most domestic battery installations fall under permitted development. Confirm with Burnley/Pendle council for edge cases.

ESA Template — Solicitor Review

Energy Services Agreement template must be professionally drafted and reviewed by a solicitor. Must include all key clauses: 10-year term, monthly payment, access rights, insurance, termination, equipment removal, property sale provisions.

ESA End-of-Term Options — Draft

The ESA must define what happens at the end of the 10-year term. Three options must be included in the template for homeowner choice: Option A (Default) — Equipment Removal: RoseStack removes the battery system at its own cost within 90 days of term end. Homeowner has no further liability. Site restored to original condition. Option B — Purchase at Residual Value: Homeowner may purchase the system at 40% of original CAPEX (residual value). Ownership transfers; RoseStack provides warranty documentation and final commissioning report. Option C — Renewed ESA: Parties may agree a renewed 5-year ESA at a reduced homeowner payment (reflecting depreciated asset value). Rates and terms renegotiated at the time.

Default is Option A (removal). Options B and C require homeowner opt-in. Solicitor must draft all three scenarios. Status: Draft — requires solicitor review.

Letter of Authority (LoA) Clause

CRITICAL: The ESA must include a Letter of Authority granting RoseStack permission to: view homeowner energy accounts, switch tariffs on their behalf, communicate with energy suppliers, manage G99/SEG registrations, and be notified if the homeowner changes supplier. This enables portfolio-wide tariff optimisation.

LoA is the key enabler for the tariff optimisation strategy. Must be drafted by solicitor as part of ESA. Covers: account viewing, tariff switching, supplier communication, G99/SEG management, supplier change notification.

Supplier Change Notification Clause

ESA must require homeowner to notify RoseStack before switching energy supplier. RoseStack must approve that the new supplier supports the battery configuration.

Land Registry Charge Registration

Process for registering ESA charge against property at Land Registry. Ensures contract obligations survive property sale.

Need solicitor advice on whether charge registration is necessary or if a covenant is sufficient.

Consumer Credit Assessment

Determine whether the ESA structure triggers FCA consumer credit regulation. If the homeowner is paying monthly for an energy service, does this constitute credit?

Key legal question. If ESA is structured as a service agreement (not credit), FCA regulation may not apply. Need solicitor opinion.

Financial Promotion Rules

If raising investment: ensure all investor communications comply with FCA financial promotion rules. SEIS/EIS scheme communications must be properly structured.

SEIS/EIS Scheme Compliance

Ensure company structure and activities qualify for SEIS/EIS tax relief for investors. Advance assurance from HMRC recommended.

Agent 6 (Funding) tracks the investment side. Legal must ensure structural compliance.

Crowdfunding Regulations

If using crowdfunding for investment: comply with FCA crowdfunding regulations. Platform must be FCA-authorised or exempt.

Not applicable until crowdfunding is pursued as a funding route.

SEG Generator Registration

Register as Smart Export Guarantee generator with energy supplier. Requires MCS certification, correct meter configuration, and export payment arrangements.

Dependent on MCS certification being in place. Need to confirm meter requirements with supplier.

Export Meter Configuration

Ensure correct meter configuration for SEG export payments. Smart meter with export capability required.

Product Liability Insurance

Obtain product liability insurance covering battery system failures, defects, and resulting damage.

Professional Indemnity Insurance

Professional indemnity cover for energy services advice, system design, and tariff management activities.

Public Liability Insurance

Public liability insurance for installation activities and ongoing system maintenance visits.

Battery-Specific Insurance

Specialist insurance covering battery fire, theft, damage, and performance shortfall. May need specialist broker.

Investigate specialist energy storage insurance providers. Cover needed for fire, theft, damage, and potentially performance guarantee.

Homeowner Property Insurance Implications

Ensure homeowners are advised to notify their property insurer about battery installation. Document any impact on premiums.

Include requirement in ESA for homeowner to notify insurer. Track any reported premium changes.