Publication - Impact assessment
Energy Efficiency (Private Rented Property) (Scotland) Regulations 2019: Fairer Scotland Duty assessment
Fairer Duty Scotland Impact Assessment on The Energy Efficiency (Private Rented Property) (Scotland) Regulations 2019, due to be laid before the Scottish Parliament later this year.
A Fairer Scotland Duty
| Title of Policy or Programme | Energy Efficient Scotland – The Energy Efficiency (Private Rented Property) Scotland Regulations 2019 |
|---|---|
| Programme Lead and Contacts | Stephen Garland, Programme Manager Karen Major, Team Leader, Private Rented Sector Energy Efficiency Standards Trudi Packman, EES Programme Management Office |
| Summary of aims and expected outcomes of strategy, proposal, programme or policy | The aim of the policy is to improve the energy efficiency of the worst performing private rented sector housing, to help reduce energy consumption and greenhouse gas emissions. It is the first part of a two-part Scottish Government consultation – the second part considers proposals in relation to the condition of private rented housing and is subject to a separate Fairer Scotland Assessment. Energy use in our homes accounts for around a quarter of Scotland’s total energy consumption, and this policy will make a contribution to reducing carbon emissions by 42% by 2020 and 80% by 2050 in line with the requirements set out in the Climate Change (Scotland) Act 2009. The policy also aims to ensure that tenants in the private rented sector have access to good quality energy efficient homes and recognises that landlords must be able to continue to maintain and expand the sector. The new Standard will contribute to the Scottish Government’s Greener and Healthier Strategic Objectives. It will impact on the following National Outcomes:
In 2017, 95,000 Scottish households in private rented accommodation (or 28% of PRS households) were fuel poor, spending more than 10% of their income on fuel . Overall, in the general population, 39% of one or two member households with at least one resident aged 65 or above are fuel poor, compared with 12% of families, and 21% of other households. As are 31% of households where one or more person is long-term sick or disabled (LTSD) are fuel poor compared with 2520% of households with no one who is LTSD. Achieving the desired outcome will be dependent on private landlords taking action to ensure compliance with the new standard. In the consultation we propose that local authorities are responsible for monitoring and enforcing compliance with minimum standards by landlords.
Future changes to energy efficiency standards beyond those being implemented would be taken in the context of this monitoring and review process and within the wider contribution of standards to the Climate Change Plan and the development of a new long term strategy for tackling fuel poverty. Future changes to energy efficiency would be subject to a further Fairer Scotland Assessment. |
| Summary of evidence | There is currently a range of support to help private landlords and tenants to improve the energy efficiency of their properties and reduce their fuel bills. In terms of financial support from the Scottish Government this includes:
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| Summary of assessment findings | The Scottish Government has confirmed that we will use the Energy Act 2011 to provide a legislative framework for minimum standards of energy efficiency for the private rented sector. These regulations will apply from the start of a tenancy. By doing this we can ensure that tenants are living in homes that have met the minimum EPC standard. For landlords, a property must not be let if it does not meet the minimum standards or have a valid exemption. In 2017 we consulted on proposals to improve the energy efficiency and condition standards of privately rented housing in Scotland. The consultation explored:
Initially minimum energy efficiency standards will be introduced under Section 55 of the Energy Act 2011, and will require landlords of privately rented homes to ensure their properties achieve EPC Band E from 1 April 2020 at a change of tenancy, and then EPC Band D from 1 April 2022 at a change of tenancy. In May 2018 we asked further questions to develop our thinking on the private rented sector and the draft regulations and guidance presented here have been informed by that. Our consultation, due to be published in 2019, develops the approach informed by that and sets out the draft regulations and draft guidance which will then be laid in Parliament after the Summer recess subject to securing a suitable Parliamentary timeslot. Through this consultation we are seeking to raise awareness of the standards proposed and the means by which they will be introduced. We will also be seeking views on the nature of the guidance to support the Regulations and ensure that landlords and tenants alike are confident that sufficient information is available to them to begin implementation of the standards required. |
| Sign off | David Signorini Deputy Director Head of Better Homes Division SRO for Energy Efficient Scotland 16th May 2019 |
Contact
Email: karen.major@gov.scot
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