16th January 2015 back to news

Commercial EPC's in Scotland - Update January 2015

Commercial EPC's in Scotland - Update January 2015

 

Landlords and building owners always need to stay aware of changes in legislation that can affect their properties. Energy Performance Certificate’s have been in the news lately mainly due to the legislation that is being implemented in England and Wales to prohibit the sale or letting of F and G Rated properties.

At the moment the Scottish Government do not intend to follow the lead of England and Wales by prohibiting F & G Rated buildings.  The Scottish Government are currently at consultation stage over the future of the Energy Performance at Buildings (Scotland) Regulations and Section 63 of the Climate Change (Scotland) Act 2009 in order to consolidate the future legislation.

To assist our clients Graham + Sibbald has summarised the potential changes to the Commercial (Non-Domestic) EPC Regulations that may be implemented in the future in Scotland.

 

• The requirement for owners of buildings to provide an EPC will remain.

• Owners of buildings will also be required to provide an Action Plan for Non-Domestic buildings.  The Action Plan will indicate measures to improve the Energy Performance and reduce emissions of the subject building.

• There is no requirement for the provision of an Action Plan if a Greendeal has been implemented.  Then the property will be exempt (however, this does not exempt the property from obtaining an EPC).

• The responsibility for the energy improvements within the Action Plan will fall upon the building owner (or future owners) and not the tenant unless the lease specifically states.

• The buildings owners will be given three and half years in which to carry out these energy improvements to the building, this being considered a reasonable time period.

• Alternatively, owners can elect to undertake a DEC (Display Energy Certificate) and thereafter measure and report the building’s annual operational ratings.

• The DEC option only suspends the requirement to undertake the improvement measures outlined in the Action Plan (the suspension period has yet to be determined).

• It is intended that the Scottish Register (managed by the Energy Savings Trust) will hold both the EPC and the Action Plan.

The initial intention was for the new Legislation to be brought into force in Autumn 2015, however, it appears that this date will slip as Section 63 of the Climate Change Act has yet to be implemented.

 

Graham + Sibbald has a number of accredited Commercial Energy Assessors providing national coverage should you have any queries or concerns regarding EPCs or require a competitive fee quotation, please do not hesitate to contact your local Graham + Sibbald Office.