Minimum EPC regulations published
The Scottish Government has published its long expected minimum Energy Performance Certificate (EPC) draft regulations and guidance, along with a consultation seeking views on their content. Basic guidance on the forthcoming requirement can be read here. A more detailed document which includes the draft regulations, guidance and consultation questions can be found here.
Private rented sector properties in Scotland will need to achieve at least:
- EPC of E at change of tenancy from 1 April 2020
- All rental properties must have an EPC rating of E by 31 March 2022
- EPC of D at change of tenancy from 1 April 2022
- All rental properties must have an EPC rating of D by 31 March 2025
In some situations there will be exemptions, including where:
- It is not technically feasible to carry out improvements
- Where other owners in a block of flats refuse consent to do work to common parts of the building
- Where tenants refuse consent for work
- Where permission to carry out work to a property which is listed or in a conservation area can’t be obtained
- Where the cost of improvements needed in the period 1 April 2020 to 31 March 2022 exceeds £5000, and where the cost of improvements needed in the period after 31 March 2022 exceeds £5000.
For all EPC related works, landlords will only be required to carry out such work where the cost of purchasing and installing it can be financed by means of funding provided by a grant or loan from Scottish Ministers.
Further details of exemptions can be read in part 4 of the guidance.
Local authorities will be responsible for enforcing the standard and granting exemptions. Fines of up to £5000 can be levied on those owners who don’t comply with the minimum standard or provide false or misleading information on the exemptions register
As a member of the government’s working group set up in 2013 to develop proposals for regulating energy efficiency in private sector housing, SAL has been representing landlords from the outset.
We will respond to the consultation questions in due course and would encourage all members with an interest in this area to submit their own responses. Please send us copies of your responses which will help inform the submission we make on behalf of members.