Energy Performance Certificates are required from 4th January 2009 for the Commercial or Non-Domestic Buildings in Scotland.

Scotland, along with the other EU member nations have an obligation under the Energy Performance of Buildings Directive (EPBD) to promote improvements in the energy performance of both new and existing buildings. Scientific studies have shown that the world’s natural resources such as oil, gas and solid fuels generate omissions with the main one being CO2 which has a direct contribution to global warming. The Scottish Climate Change Bill has set ambitious targets of reducing CO2 omissions by 80% by 2050. Currently omissions from buildings account for approximately 40% of all CO2 omissions.

The Scottish Government is introducing Energy Performance Certificates (EPCs) to comply with the Energy Performance of Buildings (Scotland) Regulations 2008.

An EPC is a Certificate which states the energy efficiency of a building based on the standardised way in which a building is used. The Certificate is based upon the efficiency of the building and not the way it is used. CO2 ratings are showing in bands from A-G with A being the least polluting. The performance of the measured building is benchmarked against current Building Standards and recommended cost effective improvements.

The cost effective improvements within the EPC will reduce the carbon omissions generated, save energy and make buildings more attractive to prospective buyers or tenants. A building can be made more energy efficient by improving the heating system, insulation or air conditioning system.

The vendor or owner of a building will be responsible for providing the EPC at the time of any sale or lease transaction. However, prudent owners will produce an EPC at the time the building is being offered to the market to allow prospective new owners or occupiers to factor the building’s energy performance into their decision process. The building’s EPC must be available free of charge to any prospective tenant or purchaser.

Any public building greater than 1000m² occupied by Public Authorities or Institutions providing public services that can be visited by the public requires an EPC.

An EPC has a lifespan of 10 years and must be fixed to the building. If however major works are undertaken the building owners may choose to update the Certificate. If the vendor sells or rents the property the same EPC can be passed on if it has been produced within the 10 year period.

EPCs are not required for:-

  • Buildings with a total useful floor area of less than 50m².
  • Temporary buildings with the lifespan of less than 2 years.

An Energy Performance Certificate must be carried out by an approved organisation. Details of approved organisations and assessors are available via Organisations such as RICS. Graham + Sibbald is an approved Organisation with qualified Energy Assessors.

Local Authorities may serve Enforcement Notices and refer the matter to the Procurator Fiscal which could result in a criminal conviction and a fine of up to £5,000 per building for non-compliance with the new Regulations.

Finally, Graham + Sibbald understand that both the European Union and the Scottish Parliament are currently considering additional measures and requirements to be introduced as part of the EPC Legislation. Graham + Sibbald will keep you updated of any changes in the Regulations.

If you would like to discuss EPCs further or obtain a quotation or if you are unsure about whether an EPC is required then please call your local G+S office: