The Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations introduce measures to improve the energy efficiency of certain private rented property in Scotland.

The Regulations apply to domestic private rented property. They prescribe a minimum level of energy efficiency by means of the energy performance indicator included on the energy performance certificate for the property. This minimum level is set for the period from 1 October 2020 to 31 March 2022 as an energy efficiency or performance rating of E, and for the period from and after 1 April 2022 as an energy efficiency or performance rating of D. The Regulations provide that, subject to prescribed exceptions, a landlord of a domestic private rented property must not grant a new tenancy of the property after 1 October 2020, and must not continue to let the property after that date, where the energy efficiency or performance rating of the property is below the minimum level.

The Regulations make provision for the enforcement of the requirements of the Regulations by local authorities in relation to domestic private rented properties (“enforcement authority”). Landlords seeking to rely on a prescribed exemption when letting a private rented property which falls below the minimum level of energy efficiency must register that exemption on a register maintained by the local authority for their area. Where an enforcement authority considers that a landlord may be in breach of a requirement of the Regulations, it may serve a compliance notice requiring the landlord to provide evidence to the enforcement authority. Where an enforcement authority is satisfied that a landlord is in breach, it may issue a penalty notice imposing a financial penalty. The landlord may request a review of the penalty notice by the enforcement authority and, where a penalty notice is confirmed on review, may appeal against the imposition of the penalty notice to Sheriff court.