Heat and Energy Efficiency Technical Suitability Assessment (HEETSA): scoping consultation– partial BRIA

Section 4: Additional implementation considerations

Enforcement and compliance

At this stage of our policy development, we are seeking stakeholder views on when HEETSA would be needed and whether or not there are any circumstances that it could be required. We therefore at this stage cannot assess any enforcement or compliance impacts beyond those which would fall upon the Scottish Government if it was to bring oversight to the market. We will develop our assessment of these impacts further once the scope of HEETSA is clarified.

UK, EU and International Regulatory Alignment and Obligations

Internal Market / Intra-UK Trade

The retrofit assessor market operates across the UK and is covered by relevant provisions in the UK Internal Market Act 2020, relating to mutual recognition of both ‘services’ and ‘professional qualifications and regulation’^[10]. At present this market is not regulated within the UK and so if the Scottish Government were to develop new regulatory requirements in this space, it would need to engage with the UK Government and other devolved administrations to consider the impact. We are now undertaking that engagement as part of the development of HEETSA, but since at this stage, the scope of HEETSA is not defined, and we have not decided yet whether or not it should be subject to regulation, we cannot fully assess these impacts.

International trade implications

We do not envisage any international trade implications.

EU alignment consideration

There is no EU legal requirement for a technical suitability assessment of a building’s energy performance. Nevertheless, the EU Energy Performance of Buildings Directive sets minimum requirements which member states can choose to go beyond, should they wish. Our proposals for HEETSA seek to go beyond the initial more simple assessment of the EPC into a more bespoke and technically complex analysis. HEETSA therefore builds upon the EPC and would meet the requirements of the Directive to a higher level of accuracy. We will engage other EU member states with whom we are already working on EPC reform (Denmark and Ireland) to seek their views on our proposals.

Legal aid

We do not expect there to be an impact on legal aid given that at present we have not taken decisions on whether or not HEETSA would be subject to regulation.

Digital impact

At this stage of our policy development, we are exploring how the results of a HEETSA could be presented through a standardised certificate or report. As we develop our proposals further, if we conclude that such a standardised certificate or report is needed, we will also consider how the information which it presents could be offered to consumers through an accessible digital interface. We are also considering whether the results of a HEETSA could form part of a digital logbook or building passport and again will assess those impacts once we have clarified the scope of HEETSA.

Business forms

At present we are not proposing that there would be a requirement for any business to undertake HEETSA but are seeking views on any circumstances in which it may be required. If stakeholders consider that HEETSA should be required in particular circumstances and if the Scottish Government concludes that this is the case, we will then assess any impacts such a requirement might create for forms or compliance measures.