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

2019 Consultation

12. The consultation on the draft Private Rented Sector Regulations and draft Associated Guidance^[7], which was launched in June 2019 and closed in September 2019, was informed by responses received from past consultations. These responses were used to set out the draft regulations and the draft guidance. Through the 2019 consultation, we gathered views on the nature of the draft guidance to support the draft Regulations to ensure that sufficient information would be available for users to begin the implementation of the standards required.

13. The draft Regulations make provision for the introduction and enforcement of minimum standards of energy efficiency with the Private Rented Sector.

14. 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 to a new tenant unless the EPC is at least band D. By 31 March 2025 all PRS properties will need to have an EPC rating of D.

15. 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.

16. The draft Regulations propose using Energy Performance Certificates as the measure for this standard and sets out the process to identify the relevant required improvements to reach that standard (Part 2).

17. The draft Regulations allow for exemptions and set out the details of this at Regulations 10 -13 (Part 3) and relate to consent, cost and other temporary exemptions which may occur in certain circumstances.

18. Local Authorities will enforce the regulations (Part 4) and as part of this will hold an exemptions register (regulation 14). 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).

19. The draft Regulations allow for the serving of a civil penalty notice (Part 5) which imposes a financial penalty. Landlords may ask a local authority to review the penalty notice and may ultimately appeal to the Sheriff Court.