Energy Performance Certificates in Scotland

The Energy Performance of Buildings (Scotland) Regulations 2008 (“Regulations”) were issued on 16 September 2008 in further implementation of European Directive 2002/91/EC relating to the energy performance of buildings.

The Regulations deal with the need for Energy Performance Certificates (“EPCs”) in sale and letting transactions in Scotland.

In Scotland, with effect from 4 January 2009, all commercial buildings (except exempt buildings as described below) will require an EPC on being sold or let.

Exempt buildings are:-

· temporary buildings with a planned time of use of two years or less, workshops and non-residential agricultural buildings with low energy demand; and

· stand-alone buildings with a total useful floor area of less than 50 square metres which are not dwellings.

It will be the duty of a seller (if the building is to be sold) and a prospective landlord (if the building is to be let) to make a copy of the EPC available free of charge to a prospective buyer or tenant.

The Regulations provide that EPCs can only be issued by members of organisations approved by the Scottish Ministers and once obtained, EPCs are valid for a period of 10 years from their date of issue.

Any breach of their duty to provide an EPC by a seller or landlord can result in a penalty charge of up to £1000.

The Regulations also provide that the owner, or where the owner is not the occupier, the occupier, of a public building with a floor area of more than 1000 square metres, which is occupied by a public authority or by an institution providing public services and which can be visited by the public, must display an EPC in a prominent place clearly visible to visiting members of the public. This duty will also come into effect from 4 January 2009.

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