Legislation -

Relevant legislation: Climate Change Act Scotland 2009 (section 63) and The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016.

Under Section 63, ‘Energy Performance of Non-Domestic Buildings’ of the Climate Change (Scotland) Act 2009," owners" of qualifying buildings are required to improve the energy performance of and reduce emissions. The new regulations are generally known as the ‘Section 63 regulations’.

Buildings exempt from ‘Section 63 regulation’' -

- Buildings with a floor area of less than 1,000sqm.

- Properties that have met or exceed the equivalent energy standards of the 2002 Scottish building regulations. This may exempt older buildings that have had comprehensive upgrades to their HVAC and lighting.

- Temporary buildings – Intended life of 2 years or less.

- Workshops and agricultural buildings meeting the "low energy demand" rule.

- Buildings participating in the Green Deal scheme.

- Prisons and young offender institutions.

What do the regulations require? -

Where the regulations apply, the owner of the building must undertake further assessment to produce an ‘Action Plan’. This document identifies targets to reduce the carbon consumption and energy performance of the building and how these targets would be met through physical improvements to the property.

Types of Action Plan -

The two types of action plan are a Prescriptive and Alternative Action plan.

Prescriptive Action Plan measures give 7 specific triggers.

An alternative Action Plan can be tailored to meet the target rating by choosing different improvement works.

The owner has the choice of carrying out the improvement measures within 42 months to create a building that would be deemed compliant with Section 63 requirements.

Deferring the required Action Plan measures -
 

Where the responsible party does not want to implement the action plan measures they are able to defer them by carrying out a Display Energy Certificate (DEC) on an annual basis. A DEC is an operational energy rating and considers the actual energy use.

All Action Plans and DECs are lodged to the Scottish EPC Register. As is the case with an EPC, the Action Plan must be made available to prospective buyers or tenants and provided to the new owner or tenant.

The time allowed for implementing Action Plan Improvement Measures -

The maximum permitted timescale for the improvement works is to be 42 months from date of the action plan being issued.

The energy performance data relating to the action plan must be lodged with the register before the action plan is made available to a prospective buyer or a prospective tenant.

For more info on Section 63 - please refer to the Scottish Government website or Contact Us.