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

Section 5: Next steps and implementation

Recommendations/ preferred options

The Scottish Government recommends proceeding with Option 3. This option would ensure that EPC lodgement fees (and, subject to evidence received as part of this consultation, enforcement penalty charges) contribute to the delivery of the three regulatory functions from which users benefit.

Implementation considerations/ plan

With regard to the implementation of these proposals, this will be achieved through the introduction of revised EPC regulations to implement EPC Reform. We propose that legislation will be laid before Parliament in Autumn 2025: twelve months in advance of the legislation (and increased EPC lodgement fees) coming into force in the second half of 2026.

Post implementation review

We propose that EPC lodgement fees and penalty charge levels are reviewed every two years to ensure they remain fair and proportionate.

Declaration

I have read the Business and Regulatory Impact Assessment and I am satisfied that, given the available evidence, it represents a reasonable view of the likely costs, benefits, and impact of the leading options. I am satisfied that business impact has been assessed with the support of businesses in Scotland.

I am also satisfied that officials have considered the impact on consumers as required by the Consumer Scotland Act 2020 in completion of the Consumer Duty section of this BRIA.

Signed:

Date: 03 February 2025

Minister's name: Dr Alasdair Allan

Minister's title: Acting Minister for Climate Action

Scottish Government Contact point: EPCenquiries@gov.scot