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Assessment of Energy Performance of Non-domestic Buildings in Scotland

18 March 2016

What is the new legislation:
The Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016
Who does this affect: Scotland
When does this change take place: 1st September 2016

Non-domestic building owners in Scotland are to be required to produce Action Plans for improving the energy and carbon performance of their buildings when marketed for sale or rent. They will further be required to implement these action plans or report on their building's efficiency via producing Display Energy Certificates.

These Regulations prescribe requirments on the owners of buildings to take action to assess and to improve the performance of the existing non-domestic building stock, to reduce energy use and greenhouse gas emissions. 

The Regulations apply to non-domestic buildings with a floor area of more than 1000 square metres, except those which are exempt, such as buildings that have been improved under the Green Deal, or buildings constructed in line with Schedule 5 to the Building (Scotland) Regulations 2004 or the Building Standards (Scotland) Regulations 1990 on or after 4th March 2002.

Prior to a building owner marketing their building for sale or rent they must have produced, and made available to the prospective buyer or tennant, an Action Plan. The Action Plan is to contain a programme for implementing measures to improve the energy performance of the building and reduce emissions of greenhouse gases produced by that building.

Once an Action Plan has been produced the building owner is required to implement the measures it contains within 42 months, however if they choose they can defer this implementation process by reporting on the building's annual operational ratings instead via the production of an annual Display Energy Certificate (DEC).

If a building owner fails to provide an Action Plan on sale or rental or complete improvement works within the required timescale they will be liable to be issued a penalty charge of £1000.

The full text of the Regulations may be found here.
Source: http://www.legislation.gov.uk