SUMMARY OF REGULATIONS IN SCOTLAND
Since 4th January 2009, Scotland has integrated the European Directive for the Energy Performance of Buildings into its Scottish Building Standards. The Directive does not only apply to new buildings but also to existing ones.
Currently all* existing buildings which are being sold or let require an Energy Performance Certificate (EPC), as do all public** buildings with a net internal area greater than 1,000 square metres.
The regulations require that an EPC should be available to any interested party once a property has been placed on the open market. Failure to do so can result in heavy fines up to £5,000 per offence [so if you have five viewings in a day and all ask for the Energy Performance rating the landlord could be fined £25,000].
The current Building Standard 6.9 is included below for reference and can be found on www.sbsa.gov.uk.
*The exceptions to this are listed in the section "Limitation" below
** The definition of "public" is broadly any building occupied by a public body, fully or part funded by Government or a building which provides a public service. For a more accurate definition please consult the Scottish Building Standards website.
SCOTTISH BUILDING STANDARDS
6.9
Every building must be designed and constructed in such a way that:(a) an energy performance certificate for the building is affixed to the building; and *(b) the energy performance certificate is displayed in a prominent place within the building.
Limitation:
(a) This standard does not apply to buildings which do not use fuel or power for controlling the temperature of the internal environment;(b) this standard does not apply to non-domestic buildings and buildings that are ancillary to a dwelling that are stand alone having an area less than 50 square metres;
(c) this standard does not apply to conversions, alterations and extensions to buildings other than alterations and extensions to stand-alone buildings having an area less than 50 square metres that would increase the area to 50 square metres or more, or alterations to buildings involving the fit-out of the building shell which is the subject of a continuing requirement;
(d) this standard does not apply to limited life buildings which have an intended life of less than 2 years;
(e) Standard 6.9(c) only applies to buildings with a floor area of more than 1000 square metres, which are occupied by public authorities and institutions providing public services, which can be visited by the public.
*standard 6.9(b) removed by the Building (Scotland) Amendment Regulations 2008
6.9.0 Introduction
Article 7 of EU Directive (2002/91/EC) on the energy performance of buildings requires energy performance certificates (EPCs) to be made available to prospective owners and tenants when buildings are constructed. Standard 6.9 achieves this by making EPCs fixtures within buildings.
Existing Existing buildings Scottish Ministers have directed local authorities to apply standard 6.9 to all existing buildings using Section 25 (2) of Building (Scotland) Act 2003. The directions limit the description of building to which it applies to those that are being sold or rented out and public buildings over 1000m2 floor area. The Energy Performance of Buildings (Scotland) Regulations 2008 place a duty on owners to make EPCs available to prospective buyers and tenants. There are also requirements in these regulations for an EPC displayed in a public building to remain visible. Guidance leaflets are available on the building standards website explaining the action that building owners need to take in order to comply.