The Energy Performance of Buildings (Scotland) Amendment Regulations 2013

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Energy Performance of Buildings (Scotland) Regulations 2008 (“the 2008 Regulations”).

Part 1 of the Energy Act 2011 contains provisions relating to the green deal which will enable arrangements to be made by the occupier or owner of a property to make energy efficiency improvements to the property by way of a green deal plan. In terms of sections 8 and 12 of the Energy Act 2011 and the Green Deal Framework (Disclosure, Acknowledgement, Redress etc.) Regulations 2012 (SI 2012/2079) the documents to be produced by a green deal provider after improvements have been installed and to be provided to a prospective purchaser or tenant of a property on the sale of lease of the property are the energy performance certificate and recommendations report for the property produced under the 2008 Regulations. These Regulations amend the 2008 Regulations to require information relating to a green deal plan to be included in the energy performance certificate and recommendations report and make provisions as to the disclosure of that information.

Regulation 3 amends existing definitions and inserts a number of new definitions into regulation 2 of the 2008 Regulations.

Regulation 4 amends regulation 6 of the 2008 Regulations as it applies to a property where there is a green deal plan (“a green deal property”). The amendments made require an energy performance certificate produced under the 2008 Regulations for a green deal property to include a statement that information relating to a green deal plan (“green deal information”) is contained in the related recommendations report. Regulation 4 also amends regulation 6 of the 2008 Regulations to make provision relating to the validity of energy performance certificates and recommendation reports relating to a green deal property. Regulation 5 amends regulation 6A of the 2008 Regulations to require green deal information to be included in the recommendations report. Regulation 11 inserts a new Schedule 2 into the 2008 Regulations which specifies the green deal information to be included.

Regulation 6 amends regulation 10 of the 2008 Regulations to allow for the inclusion of the green deal information on a register maintained under the 2008 Regulations and to enable that green deal information to be updated.

Regulations 7 to 10 amend regulations 11, 12A and 13 of the 2008 Regulations and insert a new regulation 14A to ensure that information about green deal plans is only disclosed by the keeper of a register in appropriate circumstances.