Passivhaus standard - determining the principles for a Scottish equivalent: SG response part 1 - regulatory changes

1 Introduction

1.1 Scope of report

This document summarises the Scottish Government response and next steps following analysis of the responses to the proposals set out in the July 2024 consultation, on determining the principles for a Scottish equivalent to the Passivhaus standard

The consultation covered topics set out in four sections and an Annex:

• Proposed components of the standard – Design
• Proposed components of the standard – Compliance
• Call for information on current standards
• Proposed delivery programme
• Annex A: Notes on proposed amendment of regulation

This document relates to the need to make regulatory changes, seeking views on the form and approach that a Scottish equivalent, implemented through building regulations, should adopt. The intention is that such changes would provide greater assurance of regulatory compliance, deliver buildings that perform as intended and further improve energy and environmental performance of new buildings.

A second consultation response document will be published in early 2025 to confirm the ongoing action to take forward the review beyond the confirmed regulatory changes.

1.2 Policy Background

In December 2022 the then Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights confirmed that, in response to Alex Rowley MSP’s Proposed Domestic Building Environmental Standards (Scotland) Bill, the Scottish Government would make subordinate legislation by 14 December 2024 to give effect to Mr Rowley’s final proposal - “to introduce new minimum environmental design standards for all new build housing to meet a Scottish equivalent to the Passivhaus standard, in order to improve energy efficiency and thermal performance”.

To develop proposals, a further review of energy standards within building regulations was initiated at the beginning of 2023. The outcome sought from the review is to require specific actions relevant to demonstrating compliance of construction work with regulations and standards for very low energy buildings which also address occupant comfort (thermal and indoor air quality).