Draft Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations: consultation
This consultation seeks stakeholder views on proposals for the introduction of minimum energy efficiency standard (MEES) regulations for domestic private rented sector (PRS) properties in Scotland.
Closed
This consultation closed 29 August 2025.
View this consultation on consult.gov.scot, including responses once published.
Footnotes
1 Climate Change (Emissions Reduction Target)(Scotland) Act 2019
2 Tackling Fuel Poverty in Scotland: periodic report 2021-2024 - gov.scot
3 Green Heat Finance Taskforce Part 2 report - Final - March 2025, page 26
4 Scottish House Condition Survey: 2023 Key Findings
5 Progress in reducing emissions in Scotland - 2023 Report to Parliament - Climate Change Committee
6 Programme for Government 2025 to 2026 - gov.scot
7 Internal analysis, based on data from Energy Savings Trust, 2024. Our estimated reduction in emissions of 5% is an average across the PRS as a whole. Emissions reductions on an individual property basis would vary significantly and would be reliant on wider factors, such as individual householder behaviours.
8 Tackling Fuel Poverty in Scotland: periodic report 2021-2024 - gov.scot
9 Tackling fuel poverty in Scotland: a strategic approach - gov.scot
10 Scottish House Condition Survey: 2023 Key Findings
11 Green Heat Finance Taskforce Part 2 report - Final - March 2025, page 26
12 Infrastructure Investment Plan 2015
13 The Future of energy in Scotland: Scottish Energy Strategy
15 The Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2020
16 Official Report – Meeting of the Parliament, Wednesday, March 11, 2020.
17 Heat In Buildings Strategy: Achieving Net Zero Emissions in Scotland's Buildings
18 Tackling Fuel Poverty in Scotland: A Strategic Approach
19 Delivering net zero for Scotland's buildings - Heat in Buildings Bill: consultation - gov.scot
20 Through the introduction of the Energy Efficiency Standard for Social Housing (EESSH).
21 Scottish House Condition Survey: 2023 Key Findings
22 Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015
23 Energy Performance Certificate (EPC) reform: consultation
24 Energy performance Certificate Reform consultation: response
25 Our early analysis indicates that around 80% of homes currently achieving EPC band C are likely to achieve band C in the new EPC HRR.
26 Improving the energy performance of privately rented homes: 2025 update - consultation document
27 This would be band C on the new EPC HRR which is a measure of fabric energy efficiency, unlike the current EPC ‘Energy Efficiency Rating’ which is takes into account the cost of energy (a cost-based rating will be retained and renamed on the new EPC as the ‘Energy Cost Rating’)
28 Heat in Buildings Strategy - achieving net zero emissions in Scotland's buildings - gov.scot
30 Energy Performance Certificate reform consultation: response - gov.scot
31 The HRR is based on ‘useful energy’ – the modelled space heating and cooling requirement for space heating only, before heat generation efficiency is applied, per square meter of floor area.
32 I.e. it may only need 90kWh/m2/year of energy as opposed to 320kWh/m2/year.
33 To be a relevant energy efficiency improvement measure that counts towards meeting the standard, it must be described in schedule 1 of the draft regulations and be:
(a) Provided free of charge under an energy company obligation, or
(b) Financed wholly or partially by a grant or loan from the Scottish Government.
Schedule 1 is at Annex A, and contains a list of relevant energy improvement measures.
34 Figure 2.9 - Scottish Housing Conditions Survey 2023
35 Housing (Scotland) Bill – Scottish Government Rent control consultation
36 Repairing Standard: statutory guidance
37 Currently the Repairing Standard does not apply to specific types of tenancy, as set out in section 2.4 of the guidance - 2. Repairing Standard Overview - Repairing Standard: statutory guidance for private landlords - gov.scot
39 PRS properties are considerably more likely to be built before 1919 and be tenements/flats than the wider housing stock. 37% of all PRS properties are pre-1919 compared to 18% across all tenures. The same is true of tenements where 64% of all PRS properties are tenements compared to just 36% across all tenures. Indeed 26% of the PRS stock is accounted for by tenements built before 1919 compared to just 9% across all tenures.
40 Third party consent” was defined in 2020 as consent, permission, licence or approval which is required (other than from the landlord’s direct tenant) before an energy efficiency improvement could be made. This included the consent of other owners, tenants or other occupiers of any other property in the building. It also included planning permission and any consent required as a result of the property being a listed building.
41 Analysis has been based on a short list of energy efficiency measures that are assumed to be some of the most commonly adopted by landlords. The upper estimate includes loft insulation; cavity wall insulation; double glazing (replacing single glazing); draught proofing; and, suspended floor insulation. The lower estimate excludes double glazing and reflects the list consulted on for the proposals for a HiBs Bill.
42 Private Rented Sector Landlord Loan | Home Energy Scotland
43 Chapter 3 of the Energy Act 2011
44 2011 c.16.
45 S.S.I. 2025/[ ].
46 1997 c.9. Section 1(4) was amended by section 22(2)(a) and schedule 3 of the Historic Environment Scotland Act 2014 (asp 19).
47 1994 c.39.
48 1997 c.8.
49 “energy performance certificate” is defined for the purposes of these Regulations by section 55(4) of the Energy Act 2011 and has the same meaning as given in the Energy Performance of Buildings (Scotland) Regulations 2008 (S.S.I. 2008/309).
50 In terms of regulation 2(1) of the Energy Performance of Buildings (Scotland) Regulations 2008 as amended by S.S.I. 2012/208 the energy performance indicator is an indication of the energy efficiency or performance rating of a property and is expressed on a scale of A to G with G representing the lowest rating.
51 “landlord registration number” is defined by section 84(5A) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) introduced by section 3(1) of the Private Rented Housing (Scotland) Act 2011 (asp 14).
52 “landlord registration number” is defined by section 84(5A) of the Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8) introduced by section 3(1) of the Private Rented Housing (Scotland) Act 2011 (asp 14).
53 2014 asp 18.
Contact
Email: PRSMEESConsultation@gov.scot