Energy Standards Review - Scottish Passivhaus Equivalent Working Group minutes: November 2024

Attendees and apologies

• Alan McAulay, Scottish Building Standards Hub
• Catriona Jordan, BE-ST
• Daniel Foulds, Scottish Government
• Ingrid Berkeley, Chartered Institution of Building Services Engineers
• Jamie Goth, Scottish Futures Trust
• Jocelyne Fleming, Chartered Institute of Building
• John Smith, Structural Timber Association
• Jonathan Hines, The Passivhaus Trust
• Lori McElroy, The University of Strathclyde
• Michael Barton-Maynard, Scottish Government
• Michael McGurk, Scottish Property Federation
• Paul Leask, Rural and Islands Housing Association Forum
• Paul Tuohy, The University of Strathclyde
• Ryan Cossar, Scottish Futures Trust
• Sarah May, Chartered Institute of Architectural Technologists
• Stephen Garvin, Scottish Government (Co-chair)
• Stephen Good, BE-ST (Co-chair)
• Steve Fawcett, Homes for Scotland
• Steven Scott, Scottish Government
• Stuart MacPherson, Chartered Institution of Building Services Engineers
• Vikki Bell, Scottish Government
• Zoe Black, RIAS

Apologies

• Colin Sinclair, Building Research Establishment (Scheme Provider)

Items and actions

Welcome and introductions

The co-chair welcomed the group, thanking everyone for their engagement and contributions in support of the development of the working group's consensus paper.

Brief introductions were provided by new members of the working group.

BSD update on programme

Officials confirmed that the immediate focus of the programme was to lay enabling regulations to give effect to the Scottish Government's commitment in respect of Mr Rowley's Bill. As part of the formal parliamentary process, a date of 12 December has been secured to lay amendment regulations.

Informing the above activities, officials continue to work with consultants in preparing the consultation analysis report. Work continues on finalising the qualitative analysis, however, it is expected that the full report will be published ahead of laying the regulations.

ACTION: Officials agree to share the consultation report with the working group.

Looking ahead to the first half of 2025, officials noted that research to inform the Passivhaus equivalent standard will continue, as will the development of assessment tools ahead of the launch of a second technical consultation later in quarter two. Updated Technical Handbooks are programmed to be published in 2026 with the view of implementing the new standards in 2028.

Research update

Officials provided a brief overview of research activities that will continue in the lead up to the second technical consultation in 2025, noting that these have been further developed but the intent of these projects have not changed since last considered by the working group.

The Main points presented included that:

• the development of the domestic compliance tools to support the stage two consultation are currently out for tender. Following failure to secure the services of a contractor, an increased budget has been allocated to these works. This work is being jointly undertaken with the Scottish Government's EPC policy team with the tender process closing on 4 December
• the tender for the equivalent tools for non-domestic compliance calculations will be released shortly
• the development of specifications for notional buildings and target values for domestic buildings is being undertaken by AECOM. Deliverable one has already been shared with the group. Deliverables two, three and four of this work is expected to be completed in December and will be shared with the working group for comment once available
• the specification for the development of improvements to notional buildings and target values for non-domestic buildings is currently out for tender
• research projects four, five and six are focused around the development of compliance guides for very low energy buildings and include comparative mapping of the Passivhaus standard against the current building standards system in Scotland. Scottish Futures Trust have been appointed to undertake this work with elements expected to be completed in spring and summer next year
• The Lines Between were appointed to undertake the analysis of consultation one responses. The draft report is informing the work to lay amendment regulations this December with the full report expected to be published in advance of this date
• the development of the final version of the compliance tools for Standard 6.1 is still to be confirmed. Officials continue to assess budgets and routes to market aiming to complete development by early 2026

Working group members noted that while there was consensus for continued use of UK Government compliance tools, this was underpinned by the importance of comparative adequacy and accuracy against PHPP. Officials highlighted that this point has been addressed within the consultation analysis and will be a focus for work in the new year to assess limitations and what is deliverable in practice.

Update from consensus group meetings

The co-chair thanked members of the working group for joining consensus meetings on 24 September and 8 October. Attention was drawn to the additional modelling work undertaken by HFS and PHT which added an additional layer of depth to discussions and positively informed general consensus across nine key themes.

The co-chair presented an overview of the consensus paper with main points including:

• in terms of 'timeline' the group supports the implementation programme as set out in consultation one, noting that it would be helpful for there to be clear and sufficiently spaced timeframes between milestones to allow familiarisation, planning and upskilling of industry stakeholders to allow them to play their part
• in relation to 'tools' there was agreement for the need for accurate compliance tools that provide confidence in delivering high-performing buildings. It was noted that it would be helpful to enable a choice of tool to avoid duplication of time and cost for modelling where PHPP is used as an alternative. Members of the working group have volunteered to support the development and testing of the Scottish wrapper to HEM/SBEM
• regarding 'energy use intensity (EUI) and unregulated energy' there was consensus that both aspects should be included to allow transparency in energy measurement. It was suggested that this be based on a standard allowance for unregulated energy in modelling for domestic buildings, but a calculated amount for non-domestic buildings
• discussion around 'absolute targets' was prominent at the workshop. The consensus reached was that non-domestic buildings should meet absolute targets. For domestic buildings there was agreement that a dual system of compliance options (use of the notional building model and absolute targets) should be provided in the interim to allow private and affordable housing providers initial flexibility and to build confidence and comfort in use of absolute targets
• parallel work on the compliance plan will support work on 'quality assurance' workstreams. It was the consensus that the importance of QA across areas that affect building performance is captured and methodologies that flow through the design and construction process are included in such work
• the working group agreed that there is an opportunity to include a 'deemed to satisfy' option in regulatory changes via Passivhaus certification to reduce any duplication in modelling
• there was consensus among members of the working group that 'embodied carbon' should be considered as a future review topic and investigation of how a mechanism can be incorporated into building standards in order to reduce any risk of future retrofit issues in that respect
• while recognising regulations are not a barrier to use of offsite construction, as part of overall messaging consideration should be given to how regulatory amendments can address and encourage adoption of 'modern methods of construction; with a focus on delivering better outcomes more affordably and sustainably
• collaboration with the wider sector should be maintained to ensure ongoing conversations and strategic management around regulatory changes. There is a broad offer from the working group to continue to support this work on a more regular basis in a similar way to the work of the Future Homes Hub

The co-chair thanked everyone for attending the workshops and for their contributions in shaping a clear and comprehensive set of recommendations.

Further to the above, discussion was extended to the topic of timescales for the validity of building warrants noting possible challenges in delivering buildings within an improved compliance regime within the existing three-year warrant timeframe. Officials highlighted that review of such statutory provisions was not being discussed or picked up in the overarching themes from consultation responses. However, any evidence to support such concerns can be discussed in the context of current flexibility available for extending warrant periods, including with partners such as the Scottish Building Standards Hub.

ACTION: Members of the working group are asked to provide any final comments on the draft consensus paper in advance of sharing with Scottish Government officials.

Initial summary of consultation one analysis

Officials noted that 350 responses were received to the consultation and that the qualitative feedback as well as views from the working group will inform the amendment to regulations in December. Consultation questions focused on the themes of equivalency, design aspects, performance metrics, certification and compliance.

From the quantitative analysis it was noted that in contrast to the views of the working group, there was a lack of support for the continued use of UK calculation methodologies. However, it was suggested that this is caveated on the basis that the new tools offer equivalent accuracy in modelling to that of PHPP and that the qualitative analysis will be important in understanding viewpoints. Respondents also confirmed that most had not yet designed buildings to the existing 2023 energy standards. More generally there was support for a 2028 introduction of the amendment regulations.

ACTION: Officials agreed to share the content of summary slides presented and reiterated that the consultation analysis report and Scottish Government response will be shared with members in due course.

Update on enabling regulations

Officials provided an update on the process for laying enabling regulations.

Members were reminded that as this process is informed by the commitment made to Mr Rowley's Bill, the process for development is somewhat different from that which is common for a review of building standards. It was acknowledged that much of the change needed to introduce improved standards can be addressed via current regulations and standards, with much of the detail sitting in guidance rather than the standards themselves.

Therefore, to meet the commitment to lay regulations which give effect to the proposal before 14 December, amendments will focus on procedural regulations, to require the provision of energy and environmental design and construction statements covering compliance with relevant standards to the verifier. This will support verification of compliance of design at building warrant stage and construction at completion stage of a project.

It was recognised that the compliance plan workstream will further draw out expectations on demonstrating compliance with the standards and that, following the second consultation in 2025, other amendment to candidate standards and guidance will be taken forward.

Working group members questioned why it is not proposed to include Passivhaus certification as an alternative in amendment regulations at this stage. Officials noted that such a change to standards would not deliver an uplift to minimum standards and that a deemed to satisfy approach would be better confirmed in the context of the changes to performance targets and compliance processes following the technical consultation in 2025.

It was also raised as an observation that there doesn't need to be much regulatory change to meet the intent of Mr Rowley's Bill and that actual change will occur following processes from the summer 2025 onward. Acknowledging that the intricacies of legislation will be difficult to articulate, it will be important to provide clear messaging to stakeholders and the public to ensure confidence there is clarity on the intent of the final outcome of the review.

ACTION: Officials to share slides regarding the legislative and regulatory process following the meeting including draft communication lines in support of clear articulation of the regulatory amendments and future expectations.

ACTION: Officials will share a note on changes to the procedural regulations.

ACTION: Working group members to provide comments on communications lines as soon as possible given the time sensitive nature of this work.

Next steps for the working group

Officials highlighted that the immediate next steps will be to prepare the amendment regulations ahead of the laying date of 12 December as well as provide a response to the consultation analysis.

Looking ahead, officials are keen to continue to hold regular meetings with the working group and will takeaway feedback from today's meeting to inform future agenda.

The co-chair offered to collate details of volunteers from the working group who wish to be involved in ongoing research and work on development and testing of compliance tools, noting the intent of hosting a dedicated catch-up to discuss how best to feed into this work.

The co-chair invited working group members to offer thoughts and suggestions on future topics and agenda items for future meetings including on topics such as standards and training to help industry advance the process of adoption.

ACTION: Officials will circulate potential dates for a meeting in January 2025.

Any other business and meeting close

No other business raised.

Meeting closed.