Climate Change Act – Section 72: thirteenth annual report

Information and conclusions fulfilling our annual reporting requirements on the operation of Section 3F of the Town and Country Planning (Scotland) Act 1997 (introduced by Section 72 of the Climate Change (Scotland) Act 2009).


5. Scottish Government Action on Emissions from Buildings

5.1. The Climate Change Plan Update 2020[8] identifies that 20% of Scotland's greenhouse gas emissions come from heat in buildings, both domestic and non-domestic. It is also identifies that because of the level of renewable electricity generation contributing to the national electricity grid in Scotland, that emissions of the electricity grid have fallen by around 90% from 2000-2018.

5.2. While work continues to ensure that more renewable electricity supplies the electricity grid, the Climate Change Plan Update also has a focus on resolving the heat in buildings related emissions.

5.3. Section 3F policies within local development plans only apply when there are planning applications for new buildings, so is not targeted at emissions from existing buildings. The policy will, however, help to reduce future retrofit requirements over the longer term.

5.4. NPF4 was adopted in February 2023 and the climate emergency including emissions reduction is core to it. For all development the policy is clear that when considering development proposals the climate emergency will be given significant weight (Policy 1). The policy also requires development proposals to be sited and designed to minimise lifecycle greenhouse gas emissions as far as possible (Policy 2). Lifecycle emissions can encompass in-use emissions and construction related emissions. These key policies which are supported by all the other policies in NPF4 (for example Policy 12 includes re-using building materials and using materials with the lowest forms of embodied emissions) highlight the commitment to emissions reduction by decision making on development proposals within the planning system. They work with parallel consenting regimes in not seeking to duplicate approaches, more to facilitate designers to work across regimes to deliver buildings with the lowest possible emissions both in-use and relating to their construction.

5.5. These policies for individual decision making are a clear part of delivering the broader spatial strategy set out in NPF4, which sets six spatial principles aimed at delivering places that avoid, reduce, and minimise emissions, and deliver the benefits from net zero for communities:

  • Just transition;
  • Conserving and recycling assets;
  • Local living;
  • Compact urban growth;
  • Rebalanced development; and
  • Rural revitalisation.

5.6. The New Build Heat Standard[9] (NBHS) will require zero direct emissions heating systems for new domestic and non-domestic buildings requiring a building warrant and some conversions of buildings. It will be implemented through new building regulations and is about in-building / in-curtilage heating systems so heat networks are not included. We are currently considering whether any limited exceptions to the standard would be appropriate. The NBHS regulations are intended to be laid in Parliament in Spring 2023, coming into force 1 April 2024.

5.7. As already reported the electricity grid is significantly decarbonised. As a consequence, once the NBHS is in place, new buildings consented for construction in accordance with building regulations from 2024 onwards will only have in-use emissions related to the electricity used for fixed services that are not space heating or for hot water, unless exempted from the Standard. It is acknowledged that where new homes are connected to a heat network there may be indirect emissions depending on how the heat is produced. Current emissions calculation methodologies used for building regulations consider fixed services like space and water heating, space cooling, ventilation, lighting and auxiliary systems. The methodologies exclude emissions arising from operations taking place within the building but that may vary over time such as machinery for industrial or commercial processes.

5.8. A further action relates to Passivhaus standards. Passivhaus is an approach to designing buildings to require minimal energy demand for the operation of the building. In December 2022 Ministers committed to introducing legislation within two years, and by Mid-December 2024, for new minimum environmental design standards for all new-build housing to meet a Scottish equivalent of the Passivhaus standard to improve energy efficiency and thermal performance. Work is progressing on a Passivhaus equivalent in Scotland.

Contact

Email: chief.planner@gov.scot

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