Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2026: partial BRIA

Section 2: Engagement and information gathering

Engagement approach

As these regulations follow on from both the Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2020 and the previous consultation on proposals for a HiBs Bill, extensive engagement has already been taken on many of the overarching policy for these regulations.

There was significant public and stakeholder engagement and formal consultation which ran from 28 November 2023 to 8 March 2024 in relation to the HiBs Bill. During this time a blend of virtual and in-person events were held, using a variety of techniques to ensure the broadest engagement.

Stakeholder events chaired by SG policy officials addressed the following areas:

• Privately Owned Homes
• The PRS
• Tenements and Flats
• Traditional and Protected Buildings
• Rural and Island Communities
• Local Heat and Energy Efficiency strategies
• Non-domestic Buildings

Scottish Government officials have also met with organisations representing the voluntary sector, consumers and public sector organisations.

More than 20 in person and virtual public events were hosted by independent facilitators. Covering as wide a cross section of Scotland as practical, communities engaged with useful feedback which has also been helpful to the development of the final approach.

The following working groups have been helpful in shaping policies as they develop:

• Tenement Short Life Working Group
• Green Heat Finance Taskforce
• Local Government Oversight Group
• Non-Domestic Working Group
• Local Electricity Network Coordination Group

Following this, we are publishing this partial BRIA alongside a formal written 12-week public consultation. We intend to continue to engage directly with stakeholders over the period of the public consultation and beyond.

The final BRIA will set out more information on the response to the written consultation and further engagement including meetings and workshops.

Internal SG and wider public sector engagement

Internal SG engagement

For these updated regulations, we are working closely with colleagues across HiBs and Housing. This includes lawyers, analysts and policy colleagues to understand the impacts of both these regulations and the Housing Bill and associated regulations on landlords and tenants. We are also working closely with colleagues progressing reform of the EPC system.

Officials met with the RRG in January 2024 to discuss the HiBs Bill proposals, which included plans to require that PRS properties meet EPC band C before they could be let, by 2028. In relation to the proposals in the Bill, RRG made several recommendations in a letter to Ministers, including that:

• There be a clear public communication plan
• Timescales must be driven by capacity within the supply chain and the ability of any regulator to monitor compliance
• The BRIA needs to be clear on the impact to businesses of all sizes and the skills supply within the current market and whether it can cope with the proposed changes. The PRS who will be the first affected and required to meet a MEES by 2028 should be engaged with now to support effective implementation of this aspect.

We have taken on board the recommendations of the RRG and these form part of our consideration of how the regulations will be implemented and delivered upon. The final backstop for these regulations will now be 2033, which takes into account the RRG’s concerns about the timescales.

We expect to meet with the RRG during the consultation period to further discuss these proposals and receive further advice and input from the RRG.

UK and Devolved Administrations

We have engaged closely with the relevant team from the UK Department for Energy Security and Net Zero around their approach and consultation on equivalent regulations for England and Wales. The UK Government consulted on regulations to introduce a MEES of EPC band C between 7 February and 2 May 2025.

Scottish Government officials are also members of the Devolved Administration Forum that provides opportunity to share knowledge and understanding including UK government plans for MEES.

Wider Public Sector

Given the role proposed for Local Authorities to act as the enforcement body for these regulations, we have been and will continue to engage further with COSLA and individual Local Authorities throughout the consultation period, including working with them to understand possible costs and resource requirements for them relating to these regulations.

We will also further engage with the enterprise agencies and others, during the public consultation period.

International

We continue to learn from the examples of other countries around the world. The Scottish Government is a member of the Clean Heat Forum where governments from different countries share information on policy on clean heat and energy efficiency.

Business and Third Sector engagement

The Scottish Government has also led discussions on its developing proposals for the HiBs Bill as part of regular meetings with leading business organisations, and held several workshops focused on specific stakeholder groups – including agriculture, food and drink stakeholders; tourism, heritage, culture and events; and property investment and legal services.

Public Consultation

Extensive engagement was undertaken to inform the draft 2020 regulations. Further information about this engagement can be found in pages 21-23 of the relevant BRIA^[22]. This included public consultations in 2017 and 2019, the latter on both draft regulations and guidance. There was also extensive engagement with stakeholders, including with a stakeholder working group, landlords organisations and local authorities.

A public consultation for the HiBs Bill was launched in November 2023 and ran until March 2024. The 1,637 responses received to the consultation have been subject to independent analysis. Individuals provided 1,385 responses (85% of the total), with the remaining 252 (15%) from a range of organisations. The analysis also encompassed notes from 20 consultation events attended by 238 people. Two campaigns were identified within the responses, representing almost one in ten consultation respondents.

Further public engagement will take place during the period of this public consultation and will be fully summarised in the final BRIA. This will include continuing to engage with landlords and their representative organisations. As well as the public written consultation, we intend to hold several workshops during the consultation and will continue to meet directly with key stakeholders.