Energy Performance of Buildings (Scotland) Regulations 2025: technical consultation analysis

Concluding Remarks

As highlighted at the outset, when interpreting the results it must be borne in mind that the findings reflect only the views of those who chose to respond to the consultation. Respondents were a self-selecting group, with a small number of responses received. Therefore, the findings should not be considered as statistically robust or representative of the views of the wider population.

Overall, the consultation responses showed that between half and two thirds of respondents who provided a rating at the closed questions supported each of the proposals:

• 19 out of 28 respondents (68%) supported the use of a statutory fee levied on lodgement of EPCs to fund the new elements of the regulatory regime
• 14 out of 28 respondents (50%) supported raising the statutory fees levied upon lodgement by £3.40 for both domestic and non-domestic EPCs
• 17 out of 28 respondents (61%) supported a review of the lodgement fee level within two years of the new regulations coming into force
• 16 out of 28 respondents (57%) supported reviewing the on-site audit and inspection function within two years
• 16 out of 25 respondents (64%) supported reviewing the penalty charges within two years

At each question, most (although not always all) organisations were supportive or neutral, while individuals were more mixed between those who supported, opposed or were neutral about the proposals. As such, most of the opposition came from individuals rather than organisations.

Beyond the specific proposals, respondents also raised a number of issues which they felt needed to be addressed. Those mentioned repeatedly throughout the consultation responses, between different respondent groups, and across both the written and workshop event feedback included:

• The need to tackle the quality of assessments
• The need for more effective monitoring, enforcement and implementation of penalty charges
• Consideration of the introduction of fees to access the data held in the EPC Register, particularly where this is utilised for commercial purposes

Respondents were also generally mindful of the burdens that may be placed on consumers, and on social landlords in particular, as a result of the proposed changes. Considerations related to the practicalities of implementing some of the proposals were also highlighted, with key challenges noted for islands, remote and rural areas. As such, the consultation provided useful feedback which the Scottish Government should take into account when finalising the new regulations.