The Scottish government has introduced the Assessment of Energy Performance of Non-Domestic Buildings Regulations 2016, it came into force from 1st September 2016.
Initially the regulations will apply to non-domestic buildings over 1,000m2 that are required to provide an EPC. The requirements will be triggered by either the sale or lease to a new tenant.
The regulations will not apply to buildings that:
For further guidance and a step by step guide, please see the Scottish Governments two page leaflet Requirements to Assess and Improve Energy Performance and Emissions in existing Non-Domestic Buildings.
*Only EPCs produced after 1st January 2013 can be used to produce an Action Plan, older EPCs must be reinstructed.
Action Plan Requirements
Action Plan Measures
The regulations lists improvement measures that are practicable to carry out as part of the Action Plan these are (in brief):
All of these measures (except boiler upgrade) are assessed as having a payback period of not more than 7 years. More detailed information can be viewed on Improving Energy Performance and Emissions in existing Non-Domestic Buildings – a guide for owners.
Recommended actions must be able to pay for themselves in savings on energy bills within seven years - the “Golden Rule”.
The legislation is clear that the onus to implement the recommendations (or instruct a DEC) is on the building owner. Local authorities are responsible for enforcing these regulations and penalty charges of £1,000 can be applied.
The regulations are new therefore some matters are still being clarified and others will be dependent on property/circumstance. Some examples of a few points to consider are -
Read further details on Section 63 if The Climate Change (Scotland) Act 2009.
We have experienced Scottish EPC Assessors and Low Carbon Assessors who can provide high quality energy assessments and advise on S63 requirements.
On obtaining a new EPC (for sale or letting) the building owner would be wise to employ a qualified member of an approved organisation (‘section 63 advisor’) to:
Identify in an ‘Action Plan’ how the targets will be met through physical improvement measures
Register the energy performance data.
*Improvement measures specified in the regulations include a limited list of options focussing on insulation, lighting, heating and hot water. A number of measures are exempt if the payback period is more than 7 years, whilst boilers need to be more than 15 years old before being replaced under the regulations.