The Energy Efficiency (Private Rented Property) (Scotland) Regulations 2019: CRWIA

CRWIA Stage 2 - The Energy Efficiency (Private Rented Property) (Scotland) Regulations 2019

Scoping - key questions

1. What children’s rights are likely to be affected by the policy/measure?

These regulations will introduce minimum standards for energy efficiency in private rented sector housing which relate to the following  UNCRC considerations:

• Article 24 – Health and health services: 

All children have a right to the highest attainable standard of health, and to health care services that help them to attain this. Governments must provide good quality health care, clean water, nutritious food and a clean environment so that children can stay healthy. 

We think that minimum standards for energy efficiency in the private rented sector will support Article 24  by reducing carbon emissions from rented houses.

• Article 27 (1 – 3) -  Adequate standard of living: 

Every child has a right to a standard of living adequate to their physical, mental and social development. Governments should take measures to assist parents and carers who cannot afford to provide this, and in particular to provide assistance and support with food, clothing and housing.

We think that minimum standards for energy efficiency in the private rented sector will support Article 27 by making the least energy efficient houses in the private rented sector warmer and less expensive to heat. 

2. How will the policy/measure affect children’s wellbeing as defined by the wellbeing indicators?

Of the SHANARRI indicators (Safe, Healthy, Achieving, Nurtured, Active, Respected, Responsible, Included),the policy relates to:

• Healthy: Having the best possible standards of physical and mental health; support to make healthy, safe choices.  (relates to article 24). 

• Nurtured: Having a loving and stimulating place to live and grow. (Relates to article 27).

• Included: Being a full member of the communities in which they live and learn; receiving help and guidance to overcome inequalities. (Relates to article 27).

We think that requiring landlords of  the least energy efficient homes in the private rented sector to improve their energy efficiency children in the private rented sector will improve the environment for families with children living in that sector with respect to improving the indicators ‘Healthy’, ‘Nurtured’ and ‘Included’.

3. How many children and young people are likely to be affected by the policy or measure?

In Scotland 16 year olds can hold a tenancy, although we do not have details of how many 16 -18 year olds are tenants, 29% of those living in the least energy efficient properties (EPC band F and G) are under 35. 

Around a quarter of low energy efficiency dwellings in the PRS are occupied by households with at least one child aged under 16 (23% of PRS dwellings in current bands E, F or G and 29% of PRS dwellings in current bands F or G). 

36,000 households with children would be affected by regulation to E and 95,000 by regulation to D. These households represent 21% and 24% of the regulated group respectively. The incidence of households with children is slightly lower in the regulated group than in the population as a whole, at 27%.

The incidence of families in the regulated groups is also similar to the private rented sector as a whole and to Scotland. Around a quarter of low energy efficiency dwellings in the PRS are occupied by households with at least one child aged under 16 (23% of PRS dwellings in current bands E, F or G and 29% of PRS dwellings in current bands F or G); the differences with the shares of families in the PRS as a whole (26%) and in Scotland (24%) are not statistically significant.^[1]

4. What research evidence is available?

Previously prepared draft EQIA which was prepared for the 2017 consultation on the policy backdrop to these regulations used data collected by CAD colleagues by matching archetype modelling conducted by contractors to associated survey cases in the Scottish Household Survey and where the information was not available, from the 2011 census. 

Evidence for this paper is drawn from the Scottish House Conditions module of the Scottish Household Survey (SHS) collected in the period 2014-2015 and, where insufficient information is available from this source, from the 2011 census.

5. Has there been any public or stakeholder consultations on the policy/measure?

Consultation with stakeholders was primarily through the Regulation of Energy Efficiency in Public Sector Housing Working Group which met during a period of two years to develop the policy. The group had representatives from environmental groups, landlord organisations, local authorities, the fuel poverty sector, consumer organisations and Scottish Government. There were also discussions with a range of groups, including a short life working group of local authorities, groups representing landlords interests and organisations representing the interests of tenants. 

There has also been extensive public consultation, primarily in 2017 and subsequently in 2018 . 

6. Has there been any estimate of the resource implications of the policy/measure?

A draft BRIA has been completed for previous stages of the process of developing these regulations and has been updated to accompany this stage. 

We have also undertaken extensive discussions with Local Authorities to discuss the implications of the Regulation and their role in its enforcement.