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

Background

5. Scottish Ministers announced in June 2015 that they would take long-term action to reduce the energy demand of, and decarbonise the heat supply to our domestic and non-domestic sectors, and designated energy efficiency as a national infrastructure priority.

6. The Scottish Government aims to deliver the National Infrastructure Priority through the Energy Efficient Scotland Programme^[4] – a new, twenty year programme which aims to make Scotland's buildings near zero carbon wherever feasible by 2050, in a way that is socially and economically sustainable.

7. In 2017 Scottish Government consulted on proposals for minimum energy efficiency standards for privately rented sector (PRS) homes.^[5] The Programme for Government (PfG) confirmed that new standards would be introduced to ensure that tenants are able to enjoy homes that are warmer and more affordable to heat. The 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.

8. Informed by this consultation, our intention to bring forward regulations based on Energy Performance Certificates (EPC) was then confirmed in the Energy Efficiency Programme Route Map, published in May 2018^[6].

9. The Route Map reported that the PRS would be required to meet the minimum standard of EPC Band C by 2030, where technically feasible and cost effective. However, the requirement to reach EPC Band C is not part of these regulations.

10. To progress to the 2030 target, the Route Map reported that regulations would be brought forward to require landlords to meet a minimum standard. Private rented properties will be expected to meet a minimum standard of EPC Band E, at change of tenancy, after 1 October 2020, extending to all private rented properties to be EPC Band E by 31 March 2022.

11. For properties where there is a change of tenancy after 1 April 2022, the property will need to be EPC Band D, extending to all private rented properties to be EPC Band D by March 2025.