Energy Performance of Buildings (Scotland) Regulations 2025: data protection impact assessment

Method used to consult with these groups when making the DPIA

To date, three public consultations on EPC reform have been held:

• Domestic Energy Performance Certificates (EPC) reform: consultation (2021)
• Energy Performance Certificate (EPC) reform: consultation (2023)
• Energy Performance Certificate reform – lodgement fees and penalty charges: technical consultation (2025)

During these consultations, a series of public and stakeholder workshops were held which were well-attended. Extensive external engagement with impacted individuals and sectors has also been ongoing throughout this reform programme.

To support our work, an External Reference Group (ERG) and subgroup of the Scottish Government’s Heat in Buildings Strategic Advisory Group (SAG) were set up to provide external, expert input.

We have engaged with relevant organisations as part of our consultation process.

• Energy assessors.

• Approved Organisations who are responsible for accrediting and auditing assessors.
• Retrofit assessors and installers.
• Consumers including domestic and non-domestic building owners, tenants and users.
• Local authorities, Housing Associations and Registered Social Landlords (RSLs).
• Mortgage lenders and property sales/ lettings agents.
• Those responsible for large building estates such as universities, regional health providers and private companies who have interests in this area.
• Data and statistics organisations that make use of bulk EPC data to develop sophisticated tools and services for the building and banking sectors.

We have also engaged with the Information Commissioner’s Office (ICO) in advance of laying these regulations as required by Article 36(4) of the General Data Protection Regulation. Government Departments and relevant public sector bodies are required to consult with the ICO when developing policy proposals relating to the processing of personal data.

Data protection issues identified by these groups during consultation

As part of the consultation process and development of EPC reform proposals no data protection issues have been identified. The ICO have also not identified issues at this time.

The Scottish Government will work closely with the UK Government to ensure data sharing provisions align where possible, given that many users of EPC data operate across all of the UK – for example, government schemes, finance providers, estate agents and researchers.

Method used to communicate the outcomes of the DPIA

This DPIA is published alongside The Energy Performance of Buildings (Scotland) Regulations 2025 and other associated Impact Assessments and will be subject to ongoing reviews to ensure it is fit for purpose.