The Energy Efficiency (Private Rented Property) (Scotland) regulations 2020: consultation analysis

Introduction

Background

This report presents analysis of responses to 'Energy Efficient Scotland: The Energy Efficiency (Private Rented Property) (Scotland) Regulations 2019 and associated Guidance'.

The consultation paper explains that over its 20 year lifetime Energy Efficient Scotland will make our buildings warmer, greener and more efficient - supporting efforts towards eradicating fuel poverty, reducing greenhouse gas emissions, as well as contributing to sustainable economic growth. Energy Efficient Scotland brings together a programme of work to improve the energy efficiency of Scotland's buildings and to decarbonise their heat supply.

The Route Map to an Energy Efficient Scotland published in May 2018, set out a pathway to realise this vision and the actions which will be taken over the next 20 years which includes proposals to introduce a framework of standards, which will be phased in gradually over the lifetime of the programme, helping to make it the norm to invest in energy efficiency. For Scotland's homes, this phased approach will allow property owners to plan in advance for upgrades, give certainty to the Scottish supply chain so that they can invest in and grow their businesses, and allow Scotland to reap the economic benefits of the programme.

In 2017 we consulted on proposals to improve the energy efficiency and condition standards of privately rented housing in Scotland^[1]. This consultation explored:

• the need for setting minimum energy efficiency standards in private rented housing;
• set out the proposed scope of minimum standards;
• looked at how the standard would work at the point of rental, and at a date by which time all properties would need to meet the standard;
• set out proposals for raising the minimum standard over time;
• explored what would be needed in a new assessment to support the introduction of standards; and
• sought views on the impact of these proposals.

Informed by this consultation, the Energy Efficient Scotland Route Map confirmed our intention to bring forward regulations based on Energy Performance Certificate ratings, requiring landlords of privately rented homes to meet minimum energy efficiency standards from April 2020. 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^[2] we asked further questions to develop our thinking on the private rented sector and the draft regulations and guidance presented in this consultation have been informed by that, setting out the draft regulations and draft guidance. The consultation sought to raise awareness of the standards proposed and the means by which they will be introduced in advance of formal parliamentary consideration of the regulations to follow later this year. The consultation also sought views on nature of the guidance to support the regulations to ensure that users have sufficient information to begin implementation of the standards required.

The consultation opened on 17 June 2019 and closed on 13 September 2019. The consultation paper is available at: https://consult.gov.scot/better-homes-division/private-rented-property/

Profile of respondents

In total 40 responses were received to the consultation, of which 33 were from groups or organisations and 7 from individual members of the public. The majority of responses were received through the Scottish Government's Citizen Space consultation hub. Where consent has been given to publish the response, it may be found at: https://consult.gov.scot/better-homes-division/energy-efficient/

Respondents were asked to identify whether they were responding as an individual or on behalf of a group or organisation. Organisational respondents were then allocated to one of eight categories. A breakdown of the number of responses received by respondent type is set out in Table 1 below and a full list of organisational respondents can be found in Annex 1.

Table 1: Respondents by type

Analysis and reporting

In total, the consultation posed 5 questions, all of which were open questions.

This report presents a question-by-question analysis of the comments made. It should be noted, however, that all responses are available via the link above.

As with any public consultation exercise, it should be noted that those responding generally have a particular interest in the subject area. However, the views they express cannot necessarily be seen as representative of wider public opinion.

The following terms have been used in the qualitative analysis. Please note that the number of responses represented by some of these terms will vary based on the number of respondents commenting at a question:

• most: used when a majority of those commenting made a point;
• many: used when a large minority, 1 in 3 or more, made a point;
• some: used when fewer than 1 in 3 but more than a small number made a comment; and
• a small number: used when two or more, but a maximum of five respondents made a comment.

A list of acronyms used in the report is provided at Annex 2.