Building regulations - energy and environmental standards: consultation on proposed changes

6 Proposed delivery programme

The following indicates the proposed updated programme to deliver the current energy standards review and the commitment on a Scottish equivalent to the Passivhaus standard.

6.1 Development

6.1.1. Stage 1 – Define an ‘equivalent’ and laying of regulations

July 2024 - This consultation, setting out principles and supporting processes to allow changes to regulations to be confirmed as enabling actions. Based on current industry engagement, to define and seek views on a series of principles which will describe the basis of a Scottish equivalent to the Passivhaus standard deliverable within building regulations.

Summer/Autumn 2024 - Continue research to identify the scope for further improvement in standards and understand how this is represented in the compliance tools currently available. To enable this to be presented within a more detailed consultation during 2025.

October/November 2024 - Consultation analysis and finalise impact assessments; recommendation to Ministers. Engage on the development timetable for a second 2025 consultation and draft assessment tools.

December 2024 - Submission seeking approval to lay amendments to The Building (Scotland) Regulations 2004 to enable implementation of the proposed standard; supported by a stage 1 Business and Regulatory Impact Assessment (BRIA). Laying amending regulations on 12 December 2024. Commission delivery of compliance tools.

6.1.2. Stage 2 – Develop and deliver guidance documents and tools

Winter/Spring 2025 - Complete research to inform the detailed proposals within a stage-two consultation. Continue work on assessment tools; procure and deliver draft tools for consultation use.

Summer 2025 - Consultation on detailed proposals for the new standard and supporting compliance processes; supported by draft assessment tools.

Autumn 2025 - Consultation analysis and publication of the Scottish Government response.

Early 2026 - Ministerial submission seeking approval to confirm changes to published guidance and within approved calculation tools to enable application of the confirmed new standard; supported by an updated BRIA. Publish updated Technical Handbooks and supporting compliance guides. Make final compliance tools available.

6.2 Implementation

6.2.1. Stage 3 – Revised standards come into force

Completion of the review process

To date, the Scottish Government has been clear to stakeholders that the date of implementation for the Passivhaus equivalent standard will be agreed following consultation in Summer 2024. A decision on timing should take place once the summary report from the July consultation is published, to enable confirmation of an in-force date for the December regulations.

Should recognition of Passivhaus certification as an alternative means of compliance be confirmed, as discussed in section 3.6, that element of the review could be implemented to a shorter timetable, subject to verification processes being agreed and published.

It is the intent that all information and tools needed to enable the application of the new standards will be in place for early 2026. Two options for implementation are proposed.

Option 1 - 2026 implementation

Implementation not less than three months after publication of the review output. Based upon the proposed programme and outcomes sought, this would suggest an in-force date of no earlier than 1 May 2026. Revised standards would apply to all applications for building warrant submitted on or after a confirmed date.

Option 2 - 2028 Implementation

Implementation on publication in early 2026, initially as a voluntary standard. Agree the period for operation as a voluntary standard, for example two years. Bring in as a mandatory standard in early 2028. This is currently the preferred option.

This recognises that significant changes to energy standard were made recently in both February 2023 and April 2024. It will enable further development of sector skills and capacity during that a period and would also support further integration of compliance measures with the broader Compliance Plan approach which is likely to be implemented during 2026.

Consultation Question 30

Do you agree with the proposal to mandate the standard in 2028, introducing changes initially as a voluntary standard from 2026?

Yes

No

Not sure

Please provide information on why you agree or disagree or if you consider other actions need to be considered.