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

Section 4: Additional implementation considerations

Enforcement and compliance

Landlords will be responsible for demonstrating compliance with these regulations and we are proposing that local authorities are best placed to enforce these regulations.

Before letting a property, a landlord must have lodged a valid EPC. Where that EPC shows that the property meets HRR band C or above, then the landlord will have demonstrated compliance for that property.

In some circumstances, an exemption may apply. The landlord will demonstrate compliance by providing evidence of the exemption.

Should a property be non-compliant and be let, local authorities are able to issue a compliance notice to a landlord and impose a penalty.

We are seeking views on this as part of our written consultation and will also work with landlords, CoSLA and others as part of our engagement to understand opportunities and potential issues for making compliance and enforcement as effective and efficient as possible and set out further details of this in the final BRIA.

UK, EU and International Regulatory Alignment and Obligations

UK implications

As these regulations apply to requirements for letting domestic PRS property in Scotland we do not consider it to have an impact on intra-UK trade. As noted elsewhere, the UK Government has consulted on similar proposals for England and Wales, and already has a MEES in place.

International trade implications

As these regulations apply to requirements for letting domestic PRS property in Scotland we do not consider it to have an impact on international trade.

EU alignment consideration

The recast Energy Performance of Buildings Directive was adopted on 12 April 2024. For domestic buildings, it set out a requirement for minimum energy performance standards and trajectories for progressive renovation. This included establishing a national trajectory that leads to reducing the average primary energy use across the domestic building stock of 16% by 2030 and 20-22% by 2035, against the 2020 the average primary energy use in the residential stock.

These proposed regulations, alongside reforms to EPCs and the direction set by the upcoming HiBs Bill will contribute to alignment with this directive.

Legal Aid

We do not expect there to be an impact on legal aid, but will explore this as part of our engagement on the regulations and update this as part of the final BRIA.

Digital impact

These proposals primarily relate to physical standards for buildings.

Business forms

For many landlords there will not be additional compliance measures or forms as they are already required to lodge an EPC before letting a property. If the property meets the required EPC HRR band C, then there will be no need for additional forms.

There will be circumstances where there are exemptions for the property meeting the EPC HRR band C and the landlord will need to submit evidence as to why an exemption applies. We will work with stakeholders to ensure any process is proportionate.