Building regulations - proposed changes to energy and environmental standards: stage 2 consultation and BRIA

9 Compliance and Assurance

9.1 Introduction

New buildings and new building work require to comply with current building regulations and should function to offer the performance that is set out at design stage when complete.

Section 1.1.3 of this document and part 4 of the July 2024 stage one consultation summarises the form and intent of the building standards system in Scotland. A key element of this is the building warrant process. The system is pre-emptive, requiring that designs need to be checked and approved by local authority verifiers before work on site can commence.

Part 4 of the July 2024 stage one consultation also provides a background to the work of the Building Standards Futures Board and the Compliance Plan Approach. The latter will see the creation of the role of Compliance Plan Manager to oversee compliance with building regulations from concept to completion on behalf of the relevant person and be the verifier’s point of contact to support the verification process. The Compliance Manager’s role would be to support the relevant person and assume responsibility for managing the compliance plan, in which actions of others, which are needed to provide assurance that work is completed in accordance with building regulations and all agreed verification compliance requirements are documented.

The Compliance Plan Manager role will not be introduced until legislative change can be made to provide the role with duties and corresponding offences. The Compliance Plan document has been introduced through recent guidance (early 2026) and sets out the actions and evidence planned to be delivered for an in scope project, record if these were delivered as planned or not, and detail any alternatives to planned measures carried out.

In 2023, two outcomes were set as part of the review of energy standards:

• improvements to the setting of energy and environmental (ventilation) performance standards for new buildings, leading to lower energy demand (and reduced running costs) and a healthy indoor environment; and
• improvements to the design and construction process to give a greater assurance that compliance, and therefore the performance sought, is delivered in practice.

Sections 3 to 8 of this consultation capture proposals related to the first objective. This section (9) will cover the second objective.

Following review and consideration of responses to the July 2024 stage one consultation, regulations amending The Building (Procedure) (Scotland) Regulations 2004 were laid on 12 December 2024. These introduce the requirement for developers to provide an “energy and environmental design statement” with building warrant applications and an “energy and environmental construction statement” with each completion certificate. These statements will describe how the design and construction of the building comply with paragraphs 3.13, 3.14, 3.28, 6.1 to 6.7, 6.10, 7.1 and 7.2 of schedule 5 of the Building (Scotland) Regulations 2004. These are the mandatory standards relevant to the delivery of energy and environmental performance.

Since 2024, the Scottish Government, in collaboration with the Scottish Futures Trust and review partners, has developed guidance to support preparation of the design and construction statements introduced by the Amendment Regulations of 12 December 2024. Application of such guidance is intended to also offer a means of demonstrating that an informed and robust approach to compliance has been applied to the standards related to energy and environmental performance. The guide will follow principles already under development for the Compliance Plan Approach but will also be applicable as a stand-alone process.

9.2 Proposals

We propose to introduce a Building Standards Energy and Environmental Compliance Handbook. This handbook will provide guidance on the production of the design and construction statements, and it will be expected that the design and construction statements will consist of actions identified in the Handbook. Application of the guidance will also offer a means of demonstrating that an informed and robust approach to compliance has been applied to the standards related to energy and environmental performance.

A draft Building Standards Energy and Environmental Compliance Handbook is presented for consultation.

Consultation Question 27

Do you have any comments on the structure of the proposed Building Standards Energy and Environmental Compliance Handbook and its application for the production of the Energy and Environmental Design and Construction Statements?

Yes

No

Please provide a summary of the reason(s) for your view.

Consultation Question 28

Do you have any comments on the presentation of the principle of communication and collaboration throughout the Handbook?

Yes

No

Please provide a summary of the reason(s) for your view.

Consultation Question 29

Do you have any comments on how the use of the Handbook could help to mitigate the risks associated with achieving compliance?

Yes

No

Please provide a summary of the reason(s) for your view.

Consultation Question 30

Do you have any comments on the emphasis made within the Handbook on robust evidence gathering and effective process management to aid in achieving compliance?

Yes

No

Please provide a summary of the reason(s) for your view.

Consultation Question 31

Do you agree with the roles and responsibilities of the actors identified in the Handbook related to the production of the Energy and Environmental Design and Construction statements?

Yes

No

Please provide a summary of the reason for your view.

Consultation Question 32

The Handbook focusses on five energy and environmental considerations:

• Airtight construction
• High performance insulation
• Thermal bridge free design
• Ventilation
• Optimised energy use

Do you have any comments on the use of these considerations as main themes throughout the Handbook?

Yes

No

Please provide a summary of the reason for your view.

Consultation Question 33

Focussing on the associated schedules to the Handbook, do you have any comments on the actions identified to prove compliance with the standards?

Yes

No

Please provide a summary of the reason for your view.