Building regulations - proposed changes to energy and environmental standards: SG response part 2 - onward review
Proposed changes to energy and environmental standards (determining the principles for a Scottish equivalent to the Passivhaus standard) within Scottish building regulations. Part 2 of the Scottish Government response and next steps following analysis of the responses to the proposals set out in the July 2024 consultation.
1 Introduction
1.1 Scope of report
Following the earlier publication of the Scottish Government Part 1 response to the July 2024 Stage 1 consultation on determining the principles for a Scottish equivalent to the Passivhaus standard, this document summarises the Scottish Government Part 2 response to the consultation.
The Stage 1 consultation covered topics set out in four sections and one Annex:
- Proposed components of the standard – Design
- Proposed components of the standard – Compliance
- Call for information on current standards
- Proposed delivery programme
- Annex A: Notes on proposed amendment of regulation
The Part 1 response focused on the regulatory changes required to enable the delivery of a Scottish equivalent to the Passivhaus standard, with The Building (Procedure) (Scotland) Amendment Regulations 2024 subsequently being laid on 12 December 2024.
This Part 2 response discusses the next steps and ongoing action to develop amended performance targets and supporting processes. The detail of proposed changes will be set out in a Stage 2 consultation.
1.2 Policy Background
In December 2022 the then Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights confirmed that, in response to Alex Rowley MSP’s Proposed Domestic Building Environmental Standards (Scotland) Bill, the Scottish Government would make subordinate legislation by 14 December 2024 to give effect to Mr Rowley’s final proposal - “to introduce new minimum environmental design standards for all new build housing to meet a Scottish equivalent to the Passivhaus standard, in order to improve energy efficiency and thermal performance”.
To develop proposals, a further review of energy standards within building regulations was initiated at the beginning of 2023. The outcome sought from the review is to require specific actions relevant to demonstrating compliance of construction work with regulations and standards for very low energy buildings which also address occupant comfort (thermal and indoor air quality).
1.3 Summary of consultation responses
Consultation activity ran from 31 July 2024 to 23 October 2024 and received a total of 350 responses. The breakdown of consultation responses by respondent profile is shown below:
| Respondent profile | Number of respondents | % of total sample |
|---|---|---|
| Individuals | 164 | 47% |
| Organisations (categories below) | 186 | 53% |
| Designer / Consultant | 61 | 17% |
| Contractor / Developer | 36 | 10% |
| Industry Association | 21 | 6% |
| Local Authority | 19 | 5% |
| Manufacturer | 16 | 5% |
| Housing Provider / Registered Social Landlord | 8 | 2% |
| Professional Body | 7 | 2% |
| Voluntary Organisation | 5 | 1% |
| Advisory Body / Committee | 4 | 1% |
| Other - Commercial Organisation | 3 | 1% |
| Other - Warranty Provider / Academic Body / Political Party / Other | 6 | 2% |
Note that responses submitted from individuals are not categorised by organisation type, even where an organisation type is noted by the respondent.
1.4 Publication of responses
Of the 350 responses received, 64 instructed that their responses should not be published. Of these 64 responses, 25 were from individuals and 39 from organisations.
Accordingly, following final quality assurance checks, 290 consultation responses were published via the consultation webpage.
The full consultation analysis report is published separately and may also be accessed via the link on the consultation webpage.
Readers may find it useful to read the analysis report alongside the summary of actions contained in the following sections.
Contact
Email: buildingstandards@gov.scot