Energy Performance Certificates for Holiday Lets: guidance

Why has Scottish Government guidance changed?

Scotland must adhere to European legislation, we have been advised that previous guidance (now withdrawn) may have been unlawful.  This has been re-issued to reflect the position throughout the rest of the UK and other Member States with whom the issue has been discussed.  European legislation requires all building owners to provide an Energy Performance Certificate (EPC) on construction, sale or rental.

What is an EPC, and why is it needed?

General guidance on EPCs is available.

Is an EPC needed for all accommodation associated with a holiday?

No.  An EPC is not required where only a room within a building (such as a hotel room) is being let.  Other examples where an EPC is not required include:

• caravan holiday homes
• bed and breakfast/guest house accommodation
• certain holiday parks

Why are certain holiday parks exempt?

Where a holiday purchased this way does not allow the buyer to select the specific accommodation at the time of booking, there is no requirement for an EPC.  In these circumstances an EPC would not be produced as the specific accommodation to be allocated would not have been identified.  

Whose responsibility is it to ensure that a holiday let has an EPC?

The building owner is responsible. 

Who has responsibility for enforcement?

The Local Authority has the responsibility to enforce the regulations within their geographic area.

Will Tourism ‘Landlords’ be given time to produce EPCs without penalty?

The Scottish Government have contacted all 32 Scottish Local Authorities to explain the change in guidance.  Regulations 16 and 18 of The Energy Performance of Building (Scotland) Regulations, 2008, as amended allows some leeway for building owners to obtain an EPC without the imposition of a penalty charge notice.