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

Annex Two

The Energy Efficiency (Private Rented Property) (Scotland) Regulations 2019 and Associated Guidance Consultation 2019

Summary of Responses

34. Energy Efficient Scotland will require minimum energy efficiency targets to be met by all buildings in Scotland and so it is vital that the views of individuals and public bodies are taken into consideration and used to shape the programme. Through the 2019 Consultation, we gathered responses to ensure that the Energy Efficient Scotland framework was both supported and deliverable.

35. We gathered views on the nature of the guidance to support the Regulations and to ensure that users are confident that sufficient information is available to them to begin implementation of the standards required.

36. The Energy Efficiency (Private Rented Property) (Scotland) Regulations 2019 (Annex A) makes provision for the introduction and enforcement of minimum standards of energy efficiency within the Private Rented sector.

37. The Draft Regulations are designed to tackle the least energy-efficient properties in Scotland, those with an EPC rating of F or G on their Energy Performance Certificate (EPC). The Draft Regulations establish a minimum standard of EPC band E for domestic private rented property, affecting new tenancies from 1 April 2020 and all tenancies from 31 March 2022. Similarly, from 1 April 2022 the landlord must not let the property unless the EPC is minimum of D. By 31 March 2025 all PRS properties will need to have an EPC rating of D.

38. The Draft Regulations require that these standards must be met at the prescribed dates or have a valid exemption at the start of the tenancy.

39. The Draft Regulations propose the use of Energy Performance Certificates as the measure for this standard and sets out the process of identification of the relevant required improvements to reach that standard (Part 2).

40. The Draft Regulations allow for exemptions and set out the details of this at Regulations 11-13 (Part 3) and relate to consent, cost and other temporary exemptions which may occur in certain circumstances.

41. Local Authorities will enforce the regulations (Part 4) and as part of this will hold an exemptions register (Schedule 2). Powers to gather information to support the work being undertaken by local authorities may be done through the serving of a Compliance notice (Regulation 17).

42. The Draft Regulations allow for the serving of a penalty notice (Part 5) which imposes a financial penalty, a publication penalty or both. Such penalty notices can be the subject of an appeals process (Part 6).

43. Within the consultation which launched in June 2019 and closed in September 2019, we sought views on situations where it is appropriate for the lower standard to be acceptable for the private rented sector.

44. In total 39 responses were received to the Private Rented Sector Regulations consultation, of which:

• 11 were from individuals/housing providers/landlords or their representatives
• 5 were from industry associations/manufacturers and commercial organisations
• 9 were from local authorities
• 7 were from voluntary or charitable organisations

and the remaining from various professional bodies and other organisations

45. From the responses received we have not identified any evidence that there will be a disproportionate on people with protected characteristics compared to households as a whole.

46. One note of interest that was received, however, was the need to simplify the guidance for the regulations, particular for the elderly, so as to enable the general public to understand what is being asked of them, and why, and the benefits of the improvements being asked.

47. The guidance will be revised to ensure that it is clear and concise, and advice and information available will be brought into line with this guidance.

48. A complete analysis of the consultation responses is now available.