Energy performance certificates in Scotland

Timetable for Scotland

For the purposes of energy performance certificate provision in Scotland, buildings are divided into dwellings and non-dwellings.

All articles of the EPBD were transposed in May 2007. EPCs came into force for dwellings being sold on 1st December 2008 and will come into force for commercial buildings sold on 4th January 2009.

The provision of an Energy Performance Certificate when constructing a commercial building in Scotland came into effect from the 1st May 2007. EPCs must be displayed a building indicating the approximate annual carbon dioxide emissions and energy usage of the building based on standardised usage.

Energy performance for the certificate is calculated in accordance with an asset-based (measure of standardised building performance) methodology which conforms with EU Directive 2009/91/EC.

The requirement for an EPC when selling or leasing to prospective buyers or tenants of a commercial building will come into force from 4th January 2009. EPCs are valid for 10 years.

EPCs are not needed in buildings that are to be used for less than two years or buildings that do not use energy to heat or cool them.

EPCs for public buildings

EPCs must be on display in public buildings. Display Energy Certificates do not exist in Scotland. The definition of a public building in Scotland is as follows:

a. The area of the building is over 1000 m2;

B. The building is occupied by public authorities or provides public services to a large number of persons;

C. The building is frequently visited, at least weekly, by members of the general public;

D. The public has a right of access to the building or the parts thereof providing services directly to the public; and

E. Public funding, even in part, is used in the operation of the building, or in the general upkeep of the building or in funding costs of staff employed therein.

Examples of such buildings are:

• Colleges (further education, higher education), universities;

• Community centres;

• Concert halls, theatres;

• Crematoria;

• Day centres;

• Education centres, schools (nursery, primary, secondary, special);

• Exhibition halls (multi-function centres)

• Headquarters’ buildings (of local authorities such as district councils,)

EPC requirements in construction

Scotland does not have domestic energy assessors. EPCS will be produced as part of the building warrant completion certificate process for all new houses and by a member of a protocol organisation for other building types. Protocol organisations include the Scottish Building Standards Agency (SBSA) has entered into protocols with The Chartered Institution of Building Services Engineers, Scotland (CIBSE Scotland), The Association of Building Engineers (ABE), The Energy Institute (EI), The Royal Institution of Chartered Surveyors (RICS), The Heating and Ventilation Contractors Association (HVCA) and BRE to deliver services in relation to Energy Performance Certificates.

EPC requirements on sale or rent

For properties which are to be marketed, the EPC will form part of the Purchasers Information Pack under the proposed Single Survey.

Air conditioning

Inspections for air-conditioning systems over 12kw are likely to be phased in from 4 January 2009. A report must be produced. Scottish ministers have issued a relaxation direction on certain inspections who have recently had their air-conditioning systems examined as part of Scottish law.

Boilers

Scotland, along with all other UK administrations, has opted to send boiler advice rather than introduce inspections. It has worked with The Carbon Trust and The Energy Saving Trust (EST) to produce this guidance.

Penalties for non-Compliance

The responsibility for compliance is derogated to the building works of local authorities, which are responsible for all building control measures. These are enforceable under Sections 25 and 27 of the Buildings for Scotland Act 2003.