Peter Strang Steel DEA,NDEA                      

EPC Assessor and Advisor

   

epc-scot.co.uk

Residential 

Commercial

Area Coverage

Process

 ***LATEST NEWS PRIVATE RENTAL SECTOR (PRS) - SCOTLAND***                                    

Draft EPC regulations have been laid in the Scottish Parliament to bring in a long expected requirement for PRS properties to meet minimum EPC standards. The Government was aiming to lay final regulations before parliament by April 2020, but due to Covid-19 this has been delayed. At this stage no information has been provided on the revised target dates.

 https://www.arla.co.uk/news/march-2020/covid-19-scottish-energy-efficiency-prs-regulations-postponed.aspx

 

The original draft regulations set out the following requirements:

Private rental sector properties in Scotland will need to achieve at least:

  • EPC of E at change of tenancy from 1 October 2020 (delayed by Covid-19. Date TBC)

  • All rental properties must have an EPC rating of E by 31 March 2022 (delayed by Covid-19. Date TBC)

  • EPC of D at change of tenancy from 1 April 2022 (delayed by Covid-19. Date TBC)

  • All rental properties must have an EPC rating of D by 31 March 2025 (delayed by Covid-19. Date TBC)

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

  • If, since 4 January 2009, the dwelling has not been let to a new tenant or sold as a single rental, then an EPC is not required. However, if an EPC has been generated for another reason, such as Feed-in Tariffs or RHI scheme, such properties would have to meet the minimum energy efficiency standards set out in these Regulations.

  • Holiday Lets (i.e lets of less than 31 days). Please note that under current Scottish legislation holiday lets (with some exceptions) require an EPC, but at this stage there are no proposed minimum energy efficiency requirements. 

  • Where a landlord incurs expenditure in efforts to reach the minimum required standard in advance of the Regulations coming in to force, but still is unable to reach that standard and relies on the cost cap to seek a valid exemption, the landlord should provide evidence of any relevant expenditure dated up to 6 months prior to the introduction of the Regulations. Such costs will be taken into account in the consideration of the exemption. Costs incurred prior to that date will not be taken into account.


The cost cap will apply where the costs of meeting the relevant minimum standards of energy efficiency improvements exceed: 

  •  £5,000 to reach an EPC E from 1 October 2020 for new lets or;

  •  £5,000 to reach an EPC E by 31 March 2022 for all PRS properties;

  •  an additional £5,000 to reach an EPC D from 1 April 2022 for new lets or;

  •  an additional £5,000 to reach an EPC D by 31 March 2025 for all PRS properties. 

 

Source:

Scottish Government - The Energy Efficiency (Private Rented Property) (Scotland) Regulations 2019

 https://www.gov.scot/publications/energy-efficiency-private-rented-property-scotland-regulations-2019-guidance/

 

The Scottish Association of Landlords

https://scottishlandlords.com/news-and-campaigns/news/draft-epc-regulations-published/