Energy Performance Certificate reform – lodgement fees and penalty charges: technical consultation - partial BRIA

Section 2: Engagement and information gathering

Engagement approach

Internal SG engagement & engagement with wider public sector

Internal SG engagement

An internal Scottish Government working group has been established, which predominately involved colleagues from across the Scottish Government's Directorate for Energy & Climate Change. When necessary, colleagues from other Directorates impacted by the proposed changes have been co-opted (as required).

As we have continued to develop these regulations, this group has continued to meet on a quarterly basis.

UK/ Devolved Administrations

As part of our EPC Reform work, a Memorandum of Understanding (MoU) is being finalised with the UK Government and other Devolved Administrations. This ensures there is an official forum for engagement across the UK, and facilitates joint-working on areas such as EPC assessor skills and consumer protection.

The UK Government is also an observer of our External Reference Group (ERG).

Wider Public Sector

To assist us in the development of these regulations, a subgroup of the Heat in Buildings Strategic Advisory Group (SAG) was established in to provide independent challenge, advice, and expertise to support the Scottish Government. Members were chosen based on their expertise/ experience, and for their independence, as experts who are not directly impacted by any changes introduced through our wider EPC Reform programme.

This independently chaired group has met on three occasions and will continue to meet throughout 2025 (and beyond, if required).

This group is made up of the following external stakeholders (including wider-public sector representatives):

• Regulatory Assistance Project
• Chartered Association of Building Engineers
• Citizens Advice Scotland
• Federation of Small Businesses
• Monmouthshire County Council
• Nesta
• Scottish Futures Trust
• Sustainable Energy Authority of Ireland (SEAI)

An ERG has also been established, to ensure that those working within the current EPC system (assessors, approved organisations, surveyors issuing Home Reports, building regs officers/ local authority officers, etc.) are kept informed on progress and able to give views (i.e. to advise, inform, and discuss).

This group is made up of the following external stakeholders (including wider-public sector representatives):

• All six AOs
• Proficiency (domestic and non-domestic EPC assessor representatives)
• Property Energy Professionals Association (PEPA)
• Royal Institution of Chartered Surveyors (RICS)
• COSLA
• Association of Local Authority Chief Housing Officers (ALACHO)
• Energy Saving Trust
• UK Finance
• Propertymark
• ESPC
• Consumer Scotland
• UK Government (Observers)

Both of these groups will continue to meet throughout 2025, as required, as further progress is made in the development of the regulations.

International

As noted above, the SEAI are members of our EPC Reform SAG Subgroup. Beyond this group, we have continued to engage with SEAI counterparts on an ad-hoc basis to benchmark our proposals with their regime (which, for example, already makes use of on-site auditing).

A MoU already exists between the Scottish Government and the Government of the Kingdom of Denmark. Through this agreement, Scottish Government officials have continued to co-operate on areas relating to EPC Reform: benchmarking good practice and learning lessons from our counterparts in Denmark.

Business & Third Sector engagement

Information relating to our external support groups (the EPC SAG and ERG) is contained above.

The Scottish Government also engages with our AOs on an ad-hoc basis above and beyond this group.

Public Consultation

In 2021, the Scottish Government launched an initial consultation on domestic EPC Reform, the results of which were published in 2022^[8]. This consultation focused on the introduction of a specific EPC metric, Energy Use, onto domestic EPCs and to rename the existing metrics.

A further consultation was launched in 2023 on wider reforms to both domestic and non-domestic EPCs to ensure that they are fit for purpose to support proposed future energy efficiency standards. This consultation was held between 25 July and 16 October 2023, running for a 12 week period. We received 322 responses in total with 121 from businesses and other organisations.

Online 'themed' stakeholder workshops were held during this consultation. These were made available through the Eventbrite platform and invited individuals, businesses, and organisations to share their views.

The independent analysis^[9] and Government response^[10] to the 2023 consultation were both published in January 2025.

Furthermore, a Strategic Environmental Assessment (SEA) for the wider reform of our EPC regulations is currently being scoped. This process involves consultation with Scottish Natural Heritage (SNH), SEPA and Historic Environment Scotland.