Reset, Refresh, Return, Revitalise

Information on the new minimum EPC requirement for Rental properties in Scotland

The Scottish Government advised in late January that it intends to postpone the introduction of the minimum EPC requirement until 1 October 2020 due to delays in finalising the regulations. The government now intends to lay final regulations before parliament by April to introduce the minimum standards, which are detailed below.

Private rented sector properties in Scotland will need to achieve at least:

  • EPC of E at change of tenancy from 1 – October 2020
  • All rental properties must have an EPC rating of E by 31 March 2022
  • EPC of D at change of tenancy from 1 April 2022
  • All rental properties must have an EPC rating of D by 31 March 2025

In some situations it is proposed that there will be exemptions, including where:

  • It is not technically feasible to carry out improvements
  • Where other owners in a block of flats refuse consent to do work to common parts of the building
  • Where tenants refuse consent for work
  • Where permission to carry out work to a property which is listed or in a conservation area can’t be obtained
  • Where the cost of improvements needed in the period 1 October 2020 to 31 March 2022 exceeds £5000, and where the cost of improvements needed in the period after 31 March 2022 exceeds £5000.

It is intended that for all EPC related works, landlords will only be required to carry out such work where the cost of purchasing and installing it can be financed by means of funding provided by a grant or loan from Scottish Ministers.

Further details of proposed exemptions can be read in https://www.gov.scot/publications/energy-efficiency-private-rented-property-scotland-regulations-2019-guidance/pages/4/ of the government’s draft guidance.

Local authorities will be responsible for enforcing the standard and granting exemptions. It is proposed that fines of up to £5000 can be levied on those owners who don’t comply with the minimum standard or provide false or misleading information on the exemptions register.

The above was taken from SAL website (https://scottishlandlords.com/news-and-campaigns/news/the-scottish-government-has-published-minimum-epc-draft-regulations-guidance-and-consultation/)

We have included below frequently asked questions per The Energy Efficiency (Private Rented Property) (Scotland) Regulations 2019: draft guidance from the government website;

How do I know whether I comply with the regulations? 

If there is a change in tenancy you must have, from 1 April 2020:

  • a valid EPC that shows an EPC rating of at least E when you let your property or;
  • a valid exemption, registered with the local authority that says why your property does not comply with minimum standards

For all properties you must have, by 31 March 2022:

  • a valid EPC that shows an EPC rating of at least E to continue to let your property or;
  • a valid exemption, registered with the local authority that says why your property does not comply with minimum standards

If there is a change of tenancy, you must have from 1 April 2022:

  • A valid EPC that shows an EPC rating of at least D when you let your property or;
  • A valid exemption, registered with the local authority that says why your property does not comply with minimum standards

For all properties, you must have by 31 March 2025:

  • A valid EPC that shows an EPC rating of at least D to continue to let your property or;
  • A valid exemption, registered with the local authority that says why your property does not comply with minimum standards.

Once the work is complete, if it complies with minimum energy efficiency standards, a further EPC will serve as proof of having met the standard.

What do I need to do if my property does not comply with regulations? 

If you know that your property does not meet minimum standards you can take action to improve the EPC rating of the property. The recommendations report on your EPC will suggest work that can be carried out to improve the energy efficiency of your property.   You can seek advice in the first instance from Home Energy Scotland

If anyone would like to speak to one of our Lettings professionals, please contact us at lettings@gilsongray.co.uk or give us a call for some further information on how you can make the switch at 0131 516 5354.

The information and opinions contained in this blog are for information only. They are not intended to constitute advice and should not be relied upon or considered as a replacement for advice. Before acting on any of the information contained in this blog, please seek specific advice from Gilson Gray.

Newsletter 
Sign up to our News & Insights!