The Building (Scotland) Regulations 2004

[F1 SECTION 6: S ENERGY

Textual Amendments

F1 Schs. 1-6 substituted (1.5.2007) by The Building (Scotland) Amendment Regulations 2006 (S.S.I. 2006/534), regs. 1, 2(c), sch. (with regs. 3, 4)

[F2 Energy demand F3 ...] S

6.1   Every building must be designed and constructed in such a way that–

[F4 (a) the energy performance is estimated in accordance with a methodology of calculation approved under regulation 7(a) of the Energy Performance of Buildings (Scotland) Regulations 2008 F5 ;] F6 ...

F7 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

[F8 (c) it is a nearly zero-energy building].

[F9 (d) it is capable of reducing the energy demand of the building.]

[F10 Interpretation of this standard

In this standard—

“energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aero-thermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases; and

“nearly zero-energy building” means a building that has a very high energy performance, as determined in accordance with a methodology approved under regulation 7 of the Energy Performance of Buildings (Scotland) Regulations 2008 F11 , where the nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on site or nearby.]

Limitation

[F12 (1) F13 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(2) This standard does not apply to—]

[F14 (a) alterations and extensions to buildings other than—

(i) alterations and extensions to stand-alone buildings having an area less than 50 square metres that would increase the area to 50 square metres or more;

(ii) extensions to non-domestic buildings where the extension will have an area which is both greater than 100 square metres and greater than 25% of the area of the existing building; and

(iii) alterations to buildings involving the fit-out of the building shell which is the subject of a continuing requirement;]

(b) conversions of buildings;

(c) non-domestic buildings and buildings that are ancillary to a dwelling that are stand-alone having an area less than 50 square metres;

(d) buildings, which will not be heated or cooled other than by heating provided solely for the purpose of frost protection; F15 ...

(e) limited life buildings which have an intended life of less than 2 years.

Textual Amendments

F2 Sch. 5 para. 6.1 heading substituted (1.2.2023) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 9(b)(i) (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

F3 Words in sch. 5 para. 6.1 heading omitted (1.4.2024) by virtue of The Building (Scotland) Amendment Regulations 2023 (S.S.I. 2023/177), regs. 1, 4(a)(i) (with reg. 6)

F4 Sch. 5 para. 6.1(a) substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(j)(i) (with reg. 3)

F5 S.S.I. 2008/309.

F6 Word in sch. 5 para. 6.1.(a) omitted (with application in accordance with reg. 1(2) of the amending S.S.I.) by virtue of The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/71), regs. 1(3), 2(3)(a)

F7 Sch. 5 para. 6.1(b) omitted (1.4.2024) by virtue of The Building (Scotland) Amendment Regulations 2023 (S.S.I. 2023/177), regs. 1, 4(a)(ii) (with reg. 6)

F8 Sch. 5 para. 6.1.(c) and word inserted (with application in accordance with reg. 1(2) of the amending S.S.I.) by The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/71), regs. 1(3), 2(3)(b)

F9 Sch. 5 para. 6.1(d) inserted (1.2.2023) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 9(b)(iii) (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

F10 Words in sch. 5 para. 6.1 inserted (with application in accordance with reg. 1(2) of the amending S.S.I.) by The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/71), regs. 1(3), 2(3)(c)

F11 S.S.I. 2008/309. Regulation 7 was substituted by S.S.I. 2012/315.

F12 Words in sch. 5 para. 6.1 substituted (1.2.2023) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 9(b)(iv)(aa) (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

F13 Words in sch. 5 para. 6.1 omitted (1.4.2024) by virtue of The Building (Scotland) Amendment Regulations 2023 (S.S.I. 2023/177), regs. 1, 4(a)(iii) (with reg. 6)

F14 Words in Sch. 5 para. 6.1 substituted (1.10.2015) by The Building (Scotland) Amendment Regulations 2014 (S.S.I. 2014/219), regs. 1, 2(2) (with reg. 3)

F15 Word in sch. 5 para. 6.1 omitted (1.2.2023) by virtue of The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 9(b)(iv)(bb) (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

Building insulation envelope S

6.2   Every building must be designed and constructed in such a way that an insulation envelope is provided which reduces heat loss.

Limitation

This standard does not apply to–

(a) non-domestic buildings which will not be heated, other than heating provided solely for the purposes of frost protection;

(b) communal parts of domestic buildings which will not be heated, other than heating provided solely for the purposes of frost protection; or

(c) buildings which are ancillary to dwellings, other than conservatories, which are either unheated or provided with heating which is solely for the purpose of frost protection.

Heating system S

6.3   Every building must be designed and constructed in such a way that the heating and hot water service systems installed are energy efficient and are capable of being controlled to achieve optimum energy efficiency.

Limitation

This standard does not apply to–

(a) buildings which do not use fuel or power for controlling the temperature of the internal environment;

(b) heating provided solely for the purpose of frost protection; F16 ...

F16 (c) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F16 Words in Sch. 5 para. 6.3 omitted (1.10.2015) by virtue of The Building (Scotland) Amendment Regulations 2015 (S.S.I. 2015/218), regs. 1(3), 3(2) (with reg. 4)

Insulation of pipes, ducts and vessels S

6.4   Every building must be designed and constructed in such a way that temperature loss from heated pipes, ducts and vessels, and temperature gain to cooled pipes and ducts, is resisted.

Limitation

This standard does not apply to–

(a) buildings which do not use fuel or power for heating or cooling either the internal environment or water services;

[F17 (b) buildings, or parts of a building, which will not be heated, other than heating provided solely for the purpose of frost protection; or

(c) pipes, ducts or vessels that form part of an isolated industrial or commercial process.]

Textual Amendments

F17 Words in Sch. 5 para. 6.4 substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(k) (with reg. 3)

Artificial and display lighting S

6.5   Every building must be designed and constructed in such a way that the artificial or display lighting installed is energy efficient and is capable of being controlled to achieve optimum energy efficiency.

[F18 Limitation

This standard does not apply to–

(a) process and emergency lighting components in a building; or

(b) alterations to a dwelling or a building ancillary to a dwelling.]

Textual Amendments

F18 Sch. 5 para. 6.5: limitation substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(l) (with reg. 3)

Mechanical ventilation and air conditioning S

6.6   Every building must be designed and constructed in such a way that–

(a) the form and fabric of the building minimises the use of mechanical ventilating or cooling systems for cooling purposes; and

(b) F19 ... the ventilating and cooling systems installed are energy efficient and are capable of being controlled to achieve optimum energy efficiency.

Limitation

This standard does not apply to buildings which do not use fuel or power for ventilating or cooling the internal environment.

Textual Amendments

F19 Words in sch. 5 para. 6.6(b) omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(m) (with reg. 3)

Commissioning building services S

6.7   Every building must be designed and constructed in such a way that energy supply systems [F20 , control systems] and building services which use fuel or power for heating, lighting, ventilating and cooling the internal environment and heating the water, are commissioned to achieve [F21 effective operation and] optimum energy efficiency.

Limitation

This standard does not apply to–

(a) major power plants serving the National Grid;

(b) the process and emergency lighting components of a building;

(c) heating provided solely for the purpose of frost protection; or

(d) energy supply systems used solely for industrial and commercial processes, leisure use and emergency use within a building.

Textual Amendments

F20 Words in sch. 5 para. 6.7 inserted (1.2.2023) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 9(c)(i) (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

F21 Words in sch. 5 para. 6.7 inserted (1.2.2023) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 9(c)(ii) (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

Written information S

6.8   The occupiers of a building must be provided with written information by the owner–

(a) on the operation and maintenance of the building services and energy supply systems; and

(b) where any air conditioning system in the building is subject to regulation 17, stating a time based interval for inspection of the system.

Limitation

This standard does not apply to–

(a) major power plants serving the National Grid;

(b) buildings which do not use fuel or power for heating, lighting, ventilating and cooling the internal environment and heating the water supply services;

(c) the process and emergency lighting components of a building;

(d) heating provided solely for the purpose of frost protection;

(e) lightingF22 ... systems in a domestic building; or

(f) energy supply systems used solely for industrial and commercial processes, leisure use and emergency use within a building.

Textual Amendments

F22 Sch. 5 para. 6.8: words omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(n) (with reg. 3)

Energy Performance Certificates S

6.9   Every building must be designed and constructed in such a way that–

[F23 (a) an energy performance certificate for the building is affixed to the building; and]

(c) the energy performance certificate is displayed in a prominent place within the building.

Limitation

(a) This standard does not apply to–

(i) buildings which do not use fuel or power for controlling the temperature of the internal environment;

(ii) non-domestic buildings and buildings that are ancillary to a dwelling that are stand-alone having an area less than 50 square metres;

[F24 (iii) conversions, alterations and extensions to buildings other than—

(aa) alterations and extensions to stand-alone buildings having an area less than 50 square metres that would increase the area to 50 square metres or more; and

(bb) alterations to buildings involving the fit-out of the building shell which is the subject of a continuing requirement;]

(iv) limited life buildings which have an intended life of less than 2 years.

[F25 (b) Standard 6.9(c) only applies to buildings—

(i) with a floor area of more than [F26 250] square metres;

(ii) into which members of the public have an express or implied licence to enter; and

(iii) which are visited by members of the public on at least a weekly basis.]

Textual Amendments

F23 Sch. 5 para. 6.9(a) substituted for para. 6.9(a)(b) (4.1.2009) by The Building (Scotland) Amendment Regulations 2008 (S.S.I. 2008/310), regs. 1, 2(4)

F24 Words in Sch. 5 para. 6.9 substituted (1.10.2015) by The Building (Scotland) Amendment Regulations 2014 (S.S.I. 2014/219), regs. 1, 2(3) (with reg. 3)

F25 Words in Sch. 5 para. 6.9 substituted (9.1.2013) by The Building (Scotland) Amendment Regulations 2012 (S.S.I. 2012/209), regs. 1, 2(3)

F26 Word in Sch. 5 para. 6.9 substituted (9.7.2015) by The Building (Scotland) Amendment Regulations 2015 (S.S.I. 2015/218), regs. 1(2), 2(2)

Metering S

6.10   Every building must be designed and constructed in such a way that each [F27 building, or] part of a building designed for different occupation is fitted with fuel [F28 and power] meters.

Limitation

This standard does not apply to–

(a) communal areas of buildings in different occupation;

F29 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) heating fired by solid fuel or biomass; or

(d) heating for individual dwellings fired by LPG or oil.]

Textual Amendments

F27 Words in sch. 5 para. 6.10 inserted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(o)(i) (with reg. 3)

F28 Words in sch. 5 para. 6.10 substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(o)(ii) (with reg. 3)

F29 Words in Sch. 5 para. 6.10 omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(o)(iii) (with reg. 3)

[F30 Heating and hot water – direct emission heating system S

6.11.   Every building must be designed and constructed in such a way that the means by which space within the building is heated or cooled and by which hot water is made available in the building is not by means of a direct emission heating system.

Limitation

This standard does not apply to—

(a) alterations to, or extension of, a pre-2024 building,

(b) emergency heating,

(c) heating provided solely for the purpose of frost protection.

Interpretation of this standard

In this standard, “emergency heating” means a fixed combustion appliance installation which is installed to be used only in the event of the failure of the heating or hot water service system which is designed and installed for use during normal operation of the building.]

Textual Amendments

F30 Sch. 5 para. 6.11 inserted (1.4.2024) by The Building (Scotland) Amendment Regulations 2023 (S.S.I. 2023/177), regs. 1, 4(b) (with reg. 6)