Energy Performance of Buildings (Scotland) Regulations 2025: business and regulatory impact assessment

Business and regulatory impact assessment (BRIA) produced as part of our intention to lay updated Energy Performance Certificate (EPC) regulations in October 2025. This BRIA has considered the evidence to understand any potential business and regulatory outcomes from EPC reform.


Introduction

Energy Performance Certificates (EPCs) are a long-established feature of the property market and provide information about the energy efficiency and emissions of a building. They were established within the property market as a legal requirement of the EU Energy Performance of Buildings Directive in 2002. This requirement was brought into force in Scotland via the Energy Performance of Buildings (Scotland) Regulations 2008[1].

EPCs must be provided when a building is advertised for sale or for let to a new tenant. They are also required upon completion of construction of a new building[2]. They have formed part of the domestic Home Report since 2008[3], and help current and prospective tenants or owners to make informed choices when moving or considering improvements to their buildings.

In response to concerns raised by a number of stakeholders around the relevance, accuracy, and quality of EPCs, and on the need to provide clearer information on net zero climate impacts, the Scottish Government committed to reform the EPC regime to ensure it is fit for purpose.

Following an initial scoping consultation in 2021[4], we consulted again in 2023[5] on a final package of proposed reforms to improve the quality of EPCs and make them more fit-for-purpose in supporting net zero. This was followed by a further technical consultation in early 2025 on EPC lodgement fees and penalty charges[6].

The Scottish Government set out its final decisions on EPC reform in its Response to the 2023 consultation, which committed to laying new EPC Regulations in Parliament later during 2025.

This Final BRIA has been prepared to be published alongside the Energy Performance of Buildings (Scotland) Regulations 2025, which have been laid in the Scottish Parliament on 10 October 2025 and are due to come into force a year later in Autumn 2026. The one-year timeframe we have identified between the regulations being laid and coming into force, will ensure there is sufficient time for all of those involved and related to the EPC assessment industry, and for the wider property market, to be able to make sufficient plans to prepare for the new regulations and to deal with the effects and impacts of our proposed changes.

Contact

Email: EPCenquiries@gov.scot

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