Section 63 Scotland

The regulations require the energy performance and greenhouse gas emissions of non-domestic buildings in Scotland to be assessed and steps taken to improve the energy performance and reduce emissions.

About Section 63

  • Applies to sale and lease of buildings or building unites over 1000m2 floor area.
  • The new regulation is in force from 1st September 2016 for applicable buildings in Scotland
  • The regulation is in addition to Energy Performance Certificates
  • Improving the energy efficiency of a non domestic building can save thousands.
  • Failure to provide an Action Plan upon sale or rent, or failure to complete improvement works within the required
    timescale, could result in a £1000 fine for each failure

What is an Action Plan?

An Action Plan is produced to meet the regulations. As is the case with an EPC, the Action Plan must be made available to prospective buyers or tenants and provided to the new owner or tenant. It identifies targets for energy and emission savings and clarifies what improvements can be made to the building in order to meet these targets. 

An Action Plan can be produced by persons registered as a ‘Section 63 Advisor’, who have demonstrated competence in the assessment procedure and the provision of improvement advice to building owners. Their role will ensure the calculation of targets and improvement measures. The building owner finalises the package of improvement measures with the Section 63 Advisor.

Where the improvement targets and measures are agreed these need to be implemented within 42 months of the first action plan.

What if a Building owner refuses to complete the improvement measures within 42 months?

Where a building owner does not wish to complete the improvement measures within 42 months the operational ratings route can be taken to defer the improvements by lodging a Display Energy Certificate (DEC). The DEC must be lodged for the building annually until the improvements are carried out and completed.

What happens when improvement measures are completed? 

When the improvements are completed a new EPC and Action Plan are produced. These are lodged onto the Scottish Central Register providing evidence that the building owner has met the requirements of the regulations. 

Further Information

Building owners can find out more about Section 63 here.

You can also access the Scottish Governments guide to Improving Energy Performance and Emissions in existing Non-Domestic Buildings here.

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