New energy regulations for Scotland to be released

The Scottish Government is expected to introduce new minimum energy efficiency regulations for the private rented sector in April 2020. 

What are the proposed regulations for the private rented sector? 

The minimum energy efficiency regulations (Private Rented Property) (Scotland) Regulations 2019 set out the minimum level of energy efficiency for properties in the private rented property (PRS) in Scotland and use Energy Performance Certificates (EPCs) as a means to measure this standard.

Although it is anticipated that the regulations will be in force from 1st April 2020 they will only be enforced from 1st October 2020. 

Timeline 

 2020 

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 October 2020- the new regulations will 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'.

Elmhurst's view

Existing Dwellings Team Leader Damien Roberts commented "The introduction of this guidance is certainly a positive step towards tackling the least energy efficient dwellings in Scotland i.e. those that have an EPC rating of F and G. Using the EPC as the driver to achieve these standards will allow landlords to make informed decisions making their dwellings warmer, greener and more efficient which supports efforts to eradicate fuel poverty, reduce carbon emissions and contribute to sustainable economic growth."

Are there any exemptions?

If a landlord has done all the possible relevant improvements to their property and still fails to meet the minimum requirements as set out by the regulations, the property may be exempt. To be eligible for an exemption they must provide proof to their local authority. 

Examples of 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
  • planned demolition of the property 

Landlords will be unable 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. 

More information relating to exemptions can be found within the Regulations once the final version is made available by Scottish Government. Elmhurst will keep members updated once they have been released.

Energy Efficient Scotland: Improving energy efficiency in owner occupied homes

Further to this, a consultation which seeks views on proposals to set mandatory energy efficiency standards for owner occupied homes from 2024 onwards will close 26th March.

This consultation will be discussed at Elmhurst's Scotland conference.  

Find out more at Elmhurst's Scotland Conference 

Learn all about the upcoming changes for Scotland at Elmhurst's Scotland Conference, taking place 10th March at Hampden Park Stadium in Glasgow. 

Elmhurst directors and staff will be joined by representatives from Scottish Government, as well as the Energy Savings Trust and the Scottish Association of Landlords, who will share their unique insights and expertise.

FIND OUT MORE >


Article published 27th February 2020

If you need help get in touch!

Fill out our short contact form below if you would like to find out more about the information displayed on this page

 
© Elmhurst Energy Systems Ltd 2020. All rights reserved.
Elmhurst Energy Systems Limited is registered in England, Company Number: 02805846