Delivering net zero for Scotland's buildings - Heat in Buildings Bill: consultation analysis

8. Public Sector Buildings

This chapter presents the analysis of Q24 and Q25, which sought respondents’ views on the role of public sector organisations in transitioning to clean heating.

Chapter Summary

While there was widespread support for public authorities to lead by example and for new duties to help them plan for the transition, concerns were raised about the cost and staff resource implications of both the change to clean heating systems and monitoring progress.

There was widespread support for the proposal to require all buildings owned by a Scottish public authority to use clean heating systems by 2038. Approximately three quarters (74%) of respondents who answered Q24 supported the proposal, with 58% expressing strong support. There was particularly high support among organisations, with 86% of organisations agreeing with this proposal. There was some opposition, however, with 17% of respondents either strongly or somewhat opposing. Opposition was higher among individuals than organisations (19% vs 7%).

One third commented in response to Q24. The most prevalent theme was support for the proposal as it was seen as important for the public sector, including the Scottish Government, to lead by example. This theme was particularly prevalent among the small number of public bodies and environmental organisations who responded to the consultation. Respondents commented that leadership and commitment could be demonstrated by transitioning public sector buildings, which would be important when asking the public to make similar changes. A few local authorities and public bodies noted they are already working towards decarbonisation of their buildings.

Many, most of whom supported the proposal, questioned why public buildings should be given longer than private homes to transition to clean heat (2038 rather than 2033) and called for the same or faster timescales to apply. However, this is based on a misinterpretation of the proposals; 2033 is the date for homes to meet the minimum energy efficiency standard, not to transition to clean heat.

“Requiring all buildings owned by a Scottish public authority to use clean heating systems by 2038 is a proactive and forward-thinking policy that aligns with Scotland's commitment to sustainability, climate action, and public health. This policy demonstrates leadership, promotes innovation, and fosters collaboration among public and private stakeholders to build a cleaner, greener, and more resilient future for Scotland.” – ATC (Energy) Ltd

Other reasons for support was the second most frequently mentioned theme, with two strands of comments which elaborated on the positive impact of leading by example. Some argued that the scale of work required across public sector buildings would help develop the supply chain and workforce, while some others suggested that public buildings could be used to develop clean heating infrastructure. For example, it was noted that large public buildings could become anchor loads for heat networks. Other reasons for agreement were given by some respondents, including that it could help to save public bodies money, or could help to gather monitoring or test data.

“Public buildings can play an important role in the heat transition by providing anchor heat loads for early heat network development, helping to de-risk these projects and accelerate deployment, as well as providing leadership as early adopters.” – Stop Climate Chaos Scotland

A concern about various cost implications to public bodies, was the next most common theme, raised by many and in particular by local authorities. Respondents noted that public bodies continue to face significant budget pressure and, therefore, additional funding would be required to allow them to undertake the volume of work required across their properties. More specifically, several expressed a concern that being required to transition could lead to money being diverted from more essential services or result in higher taxes; some either opposed public funds being used for the transition or expressed a more general view that money could be better spent elsewhere. A few felt public bodies had insufficient staff resources to manage the scale of change required.

“However, in order to do this, the capital and money for feasibility studies needs to be more easily accessible and not part of a competitive process with other public sector bodies.” – Inverclyde Council

Many reflected on the variety of building types owned by public authorities, with multiple themes evident within this. Several made general comments about the need for flexibility and that the requirement to transition should only apply to appropriate buildings or where it is cost-effective to do so. Some specifically noted that many public buildings are large and traditionally built and the work to replace heating systems could be costly, disruptive, challenging and potentially damage architectural features. A few called for housing owned by public bodies to also be included in the requirement, and a few others queried whether the proposal would apply to buildings that are leased by public bodies.

“Many heritage building in Scotland house libraries and they are woefully short of insulation and clean heating systems. Local authorities already complaining of budgets not meeting spending expectations will just abandon these buildings.” – Individual

Other concerns were raised by respondents. Several noted that the target of 2038 was too soon, given the number of buildings and scale of work required. Some highlighted the proposal could create waste, both in terms of scrapping functioning heating systems but also that it could lead to some buildings being left unused if they were too expensive to transition. Some others noted that public bodies could face higher running costs from clean heating systems.

Q25. We are considering the following further duties on public sector organisations to support planning for the transition by 2038. Which option(s) you would support.

Option 1: Placing a new duty on public sector organisations which would, from 2025, prevent them from replacing a polluting heating system with another (unless impractical)

Option 2: Creating a new duty for each public body to develop and implement a plan to decarbonise their buildings

Option 3: Placing a new statutory reporting duty on public sector organisations to demonstrate progress towards their 2038 objective (with the potential for the 2038 then to be non-statutory); and/or

Option 4: Placing no further statutory requirements on public sector organisations (instead relying on their ability to plan alongside our delivery and funding programmes to meet the 2038 objective)

Of the four options provided under Q25, Option 1 received the most support, with 60% of respondents selecting this. Over half (53%) selected Option 2, with higher levels of support for this among organisations than individuals (71% compared with 50%). Selected by 28% of respondents, Option 4 received the least support among both individuals and organisations, but this represents over one quarter (28%) of those who answered opposed to any further statutory obligations.

One in five respondents commented in Q25. However, the vast majority of comments did not directly address the question, with most either raising overarching themes noted in Chapter 2 or reiterating the pros and cons of public sector organisations transitioning by 2038 as outlined in Q24. For example, the most prevalent theme, raised by many and mostly individuals, was the potential cost to public bodies. However, in several cases it was unclear whether respondents were concerned about the cost to transition or the cost to implement further duties. The analysis below, therefore, focuses on the small proportion of comments relating directly to potential new duties and is presented in order of the options. It should also be noted that very few respondents made it clear in their comments which options they were referring to; analysts have therefore considered their comments alongside the closed-question results.

Some explicitly expressed support for Option 1, but few detailed why apart from general support for decarbonisation. Another theme relating to Option 1 was some calls for clearer definition of the duty. In particular, respondents called for clear guidance on when it will be ‘impractical’ to replace a polluting system and how this will be assessed and monitored. A few organisations specifically noted that in cases where there is an emergency or unexpected failure of a heating system, a like-for-like replacement may be needed immediately to ensure continuity of service. In addition, one respondent queried why Options 1 and 2 were not described as statutory, and another called for a clear definition of ‘public sector organisations’ to ensure registered social landlords are not included.

Regarding Option 2, while some explicitly supported it, several noted that it and options 1 and 3 would be beneficial in helping public sector organisations assess and plan for decarbonising their buildings and keep them on track to meet the target. A few called for funding and guidance for organisations to help develop their plans.

“The council strongly supports the creation of a new duty for each public body to develop and implement a plan to decarbonise their buildings. Without this the council is concerned that there will be a lapse in progress towards the transition.” – South Lanarkshire Council

“SFRS are willing to develop a plan, however we will need a far greater visibility of how the plan will be funded to allow for accuracy. As stated above, we would be required to fully replace 5-6 heating systems each year for the next 14 years, which will incur significant capital investment, internal resource pressures and operational disruption. There is very little value in developing a detailed plan if there is no funding available to support it.” – Scottish Fire and Rescue Service

While a small number expressed support for Option 3, more concerns were raised about this option. Most commonly, several respondents noted monitoring or reporting on progress towards net zero targets was already in place, questioning whether additional reporting was needed and called for further reporting to be aligned with existing monitoring, or for new reporting to be proportionate. Examples of existing approaches included Local Heat and Energy Efficiency Strategies and Delivery Plans (LHEES) and Public Bodies Climate Change Duties under the Climate Change (Scotland) Act.

Some organisations highlighted this potential for duplication as their reason for supporting Option 4, for no further statutory duties to be placed on public sector organisations. In addition, some respondents, mostly individuals, selected Option 4 and made general comments that additional duties would add unnecessary bureaucracy to already overstretched organisations. Local authorities were notably more likely to raise this theme than other organisations. Some other individuals did not select any option at the closed question but left brief comments expressing their opposition to further duties.

“Scottish public sector organisations are functioning at present under considerable strain. Introducing new statutory duties and reporting requirements should be avoided unless absolutely necessary. Existing targets and statutory duties would seem to be adequate at this time.” – Power Circle Projects Ltd

A few respondents each called for fabric efficiency improvements prior to any duties relating to clean heating systems and for further consultation about new duties, while West Lothian Council noted the need to consider situations where existing maintenance, repair and replacement contracts are already in place.