Private rented housing energy efficiency and condition standards: consultation

Footnotes

1. Scottish Household Survey, 2015, available at http://www.gov.scot/Publications/2016/09/7673

2. /policies/home-energy-and-fuel-poverty/

3. http://www.gov.scot/Publications/2017/01/2195

4. http://www.gov.scot/Publications/2016/10/2273

5. For further analysis, see the section on the energy efficiency in the Scottish residential sector in the partial Business and Regulatory Impact Assessment.

6. For further details on the characteristics of households in the private rented sector, see the chapter on housing in the Scottish Household Survey, 2015, available at http://www.gov.scot/Publications/2016/09/7673

7. NHS Scotland is developing a Housing and Health Inequalities Briefing which will recognise the health impacts of cold and damp housing - see Report of the Scottish Fuel Poverty Strategic Working Group, October 2016, http://www.gov.scot/Resource/0050/00508195.pdf.

8. More information on HMOs is available at /publications/licensing-multiple-occupied-housing-statutory-guidance-for-scottish-local-authorities/

9. See www.gov.scot/epc

10. A person is living in fuel poverty if, to heat their home to a satisfactory standard, they need to spend more than 10 per cent of their household income on fuel - /policies/home-energy-and-fuel-poverty/. An independent panel is currently reviewing the definition of fuel poverty and is due to report in the summer.

11. The comparative figures are: 82% of F and G, and 68% of E, F and G dwellings were built before 1919, as compared with 41% of all private rented dwellings; while 63% of F and G, and 39% of E, F and G dwellings are located in rural areas, as compared with 15% of all private rented dwellings. See the partial Business and Regulatory Impact Assessment for more details.

12. See Section 1.3 "Background: Energy efficiency in the Scottish residential sector" in the partial Business and Regulatory Impact Assessment for further analysis.

13. Independent research was commissioned to model the costs and benefits of improving private sector stock in both the private rented and owner-occupied sector to different EPC levels, to inform the discussions of the Regulation of Energy Efficiency in Private Sector housing ( REEPS) Working Group. This research was subsequently published at http://www.gov.scot/Publications/2015/11/4536. As described in the partial Business and Regulatory Impact Assessment which accompanies this consultation, the research output has been applied to the latest results from the 2015 Scottish House Condition Survey. For this reason, and also because this consultation relates only to the private rented sector, results presented here and in the impact assessments will differ from those in the independent research.

14. Modelling research, http://www.gov.scot/Publications/2015/11/4536/6, which has been applied to the latest (2015) Scottish House Condition Survey results.

15. http://www.bre.co.uk/filelibrary/SAP/2012/SAP-2012_9-92.pdf

16. http://www.bre.co.uk/filelibrary/SAP/2012/SAP-2012_9-92.pdf

17. See https://www.bre.co.uk/filelibrary/SAP/2012/SAP-2012_9-92.pdf - Reduced Data SAP ( RdSAP) has been developed for use in existing dwellings based on a site survey of the property. It consists of a system of data collection together with defaults and inference procedures, as defined by the rules given in Appendix S of the current SAP document.

18. http://www.energysavingtrust.org.uk/scotland/businesses-organisations/landlords

19. Each Home Counts: An Independent Review of Consumer Advice, Protection, Standards and Enforcement for Energy Efficiency and Renewable Energy

20. https://consult.scotland.gov.uk/energy-and-climate-change-directorate/scotlands-energy-efficiency-programme/

21. "The Award in Energy Efficiency Measures for Older and Traditional Buildings" at SCQF level 6 raises awareness of energy efficiency measures for older, traditional or vulnerable buildings built prior to 1919. http://www.sqa.org.uk/sqa/68730.html

22. A person is living in fuel poverty if, to heat their home to a satisfactory standard, they need to spend more than 10 per cent of their household income on fuel. http://www.gov.scot/Topics/Built-Environment/Housing/warmhomes/fuelpoverty. An independent panel is currently reviewing the definition of fuel poverty and is due to report in the summer.

23. The costs used for assessing the net present value of the impact of regulations include an allowance for "hidden costs", such as the hassle factor of clearing lofts, etc., as well as assessment and EPC costs, in addition to the costs of the measures themselves. An allowance is also made for the benefits to be lower than modelled, by applying "in-use factors" to cover the possibility of producing lower savings in reality than modelled, and comfort taking factor for the possibility of carbon savings being lower than modelled due to households taking some of the benefits of greater energy efficiency as greater thermal comfort. Full details on the methodology used are set out in the accompanying partial Business and Regulatory Impact Assessment.

24. Available at http://www.gov.scot/Topics/Environment/environmental-assessment/sea/SEAG

25. Scottish House Condition Survey: Key Findings 2015, Part 6: Housing Conditions, http://www.gov.scot/Publications/2016/12/1539/336000

26. Scotland's Sustainable Housing Strategy: Analysis of Responses to 'Homes that Don't Cost the Earth' Consultation, section 3, http://www.gov.scot/Publications/2013/02/4438/5

27. Common Housing Quality Standard, at /publications/common-housing-quality-standard-topic-papers/

28. Common Housing Quality Standard: topic papers, /publications/common-housing-quality-standard-topic-papers/

29. Scottish House Condition Survey - Key Findings 2015, paragraph 230, http://www.gov.scot/Publications/2016/12/1539/336000

30. Housing (Scotland) Act 2006, sections 13(2) and 70(1)

31. Water Supply (Water Quality) (Scotland) Regulations 2001 ( SSI 2001/207), Schedule 1, http://www.legislation.gov.uk/ssi/2001/207/schedule/1/made

32. Home security and place design: some evidence and its policy implications, http://www.securedbydesign.com/professionals/pdfs/Home-Security-and-Place-Design.pdf

33. Note that under the Tenement Management Scheme a majority decision permits the installation of a system to allow entry to be controlled from each flat.

34. Guidance on Electrical Installations and Appliances in Private Rented Property, paragraph 43, http://www.gov.scot/Topics/Built-Environment/Housing/privaterent/landlords/repairing-standard/guidance-electrical

35. https://services.parliament.uk/bills/2016-17/housingstandardspreparationandstorageoffoodbytenantsinreceiptofuniversalcreditorhousingbenefit.html

36. Implementing the Housing (Scotland) Act 2006, Parts 1 and 2: Advisory and Statutory Guidance for Local Authorities: Volume 4 Tolerable Standard - Chapter 12 Facilities for Cooking Food, http://www.gov.scot/Publications/2009/03/25154751/13

37. Guidance on Noise Nuisance, http://www.gov.scot/Publications/2004/10/20151/45699

38. As prescribed by s. 12 of the Housing (Scotland) Act 2006

39. Official Report of the Rural Affairs, Climate Change and Environment Committee for 10 February 2016, http://www.parliament.scot/parliamentarybusiness/report.aspx?r=10368&mode=pdf

40. Housing (Scotland) Act 2006, section 194

41. Housing (Scotland) Act 1988, Schedule 4; Private Housing (Tenancies) (Scotland) Act 2016, Schedule 1. See also Rent (Scotland) Act 1984, section 23A(4).

42. See paragraph 190 above.

43. Scottish Building Standards Agency, Final Regulatory Impact Assessment (Ref: 2005/47): Amendments to Guidance under the Building (Scotland) Regulations 2004 - Standard 4.9 (Danger from Heat), http://www.gov.scot/Resource/Doc/980/0027528.pdf.

44. The Scottish Secure Tenants (Compensation for Improvements) Regulations 2002 ( SSI 2002/312), Schedule, http://www.legislation.gov.uk/ssi/2002/312/schedule/made

45. Climate Change (Scotland) Act 2009, section 2

46. The Energy Efficiency Standard for Social Housing ( EESSH) - Background and guidance for social landlords, http://www.gov.scot/Publications/2014/03/3154/0

47. See paragraph 51 in Part 1 of this Consultation.

48. See paragraph 115 in Part 1 of this Consultation

49. Infrastructure Investment Plan 2011, http://www.gov.scot/Publications/2011/12/05141922/10

50. Climate Change (Scotland) Act 2009, section 1

51. Low Carbon Scotland: Meeting our Emissions Reduction Targets 2013-2027. The Second Report on Proposals and Policies ( RPP2) - paragraph 5.2.3, http://www.gov.scot/Publications/2013/06/6387/7

52. See paragraph 96 in Part 1 of this consultation.

53. Section 22 of the Housing (Scotland) Act 2006 as amended by section 25 of the Housing (Scotland) Act 2014 (1 December 2015 to 1 April 2016, depending on area) - 53 applications by local authorities were made between 1 December 2015 and 31 January 2017.

54. Part 5 of the Private Housing (Tenancies) (Scotland) Act 2016

55. The exception for the tenants being responsible for the work only applies where that is by virtue of the terms of the tenancy and where that tenancy is for a period of not less than 3 years and the tenancy is not determinable at the option of either party within 3 years of the start of the tenancy.

56. Similar exceptions for private landlords are also considered in relation to the proposed energy efficiency standard in Part 1 of this consultation, see paragraph 101 in Part 1 of this consultation.

57. Guidance for Social Landlords on Exemptions and Abeyances in Connection with the Scottish Housing Quality Standard, http://www.gov.scot/Topics/Built-Environment/Housing/16342/shqs/annexi.