Minimum energy standards in Scotland - for Landlords
The Scottish Government is proposing to introduce minimum energy efficiency standards for the private rented sector (PRS), which are due to come into effect in April 2020.
Background to the Regulations
The Scottish Government has proposed the introduction of Energy Efficiency Regulations (Private Rented Property) (Scotland) Regulations 2019. This framework forms part of Energy Efficient Scotland, a Scottish Government Programme intended to make Scotland's buildings warmer, greener and more efficient, aimed at eradicating fuel poverty and reducing greenhouse gas emissions.
Although it is anticipated that the regulations will be in force from 1st April 2020 they will only be enforced from 1st October 2020.
What are the proposed Regulations?
Timeline2020 1st April 2020- it is unlawful for domestic landlords in the private rented sector to grant new leases for properties with an EPC rating below an 'E'. 1st April 2020- new rules to be enforced. 2022 31st March 2022 - it is unlawful for domestic landlords in the private rented sector to grant new leases for properties with an EPC rating below an 'E', regardless if it is a new tenancy or not. 1st April 2022- it is unlawful for domestic landlords in the private rented sector to grant new leases for properties with an EPC rating below a 'D'. 2025 31st March 2025 - it is unlawful for domestic landlords in the private rented sector to grant new leases for properties with an EPC rating below a 'D', regardless of tenancy. 1st April 2025- it is unlawful for domestic landlords in the private rented sector to grant new leases for properties with an EPC rating below a 'C'. |
What will this mean for Landlords?
Landlords will not be able to rent out their properties if they do not meet the minimum energy efficiency standards as explained above. Failure to comply with the Regulations, without a valid exemption, will result in financial penalties.
You can see if your property complies with the Regulation by checking your property's Energy Performance Certificate. If your property does not have a valid EPC or requires a new one (EPCs are valid for 10 years) you can arrange an assessment with a Domestic Energy Assessor.
You can find a local Domestic Energy Assessor using our Search for Assessor Tool on the Home page of the website. All of our members are fully qualified, insured and accredited with Elmhurst Energy.
FIND A DOMESTIC ENERGY ASSESSOR >
How do I know what my EPC Rating is?
Each homeowner should have a copy of their EPC when they purchased the property (after 2007). Failing that, you can search the Landmark Register here.
If your property does not have a valid EPC you will need to obtain one and ensure your property is compliant before the relevant deadlines.
Are there any exemptions?
If you have done all the possible relevant improvements to your property and still fail to meet the minimum requirements as set out by the regulations, the property may be exempt. To be eligible for an exemption you must provide proof to your local authority.
Examples of such reasons for exemption include: danger of causing damage to the fabric of the building, excessive cost tenant refusing access to carry out the work, protected species present that cannot be disturbed, listed buildings in conservation areas and planned demolition of the property.
More information relating to exemptions can be found in section 4 of the Regulations.
Energy Efficient Scotland
The key driver behind the introduction of minimum energy efficiency standards in Scotland is the Energy Efficient Scotland programme and its Route Map, published in May 2018. The initial aim of the programme was to improve the energy efficiency of Scotland's buildings by 2040. This aim was accompanied by some steps which outlined how this could be achieved:
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