Energy Performance of Buildings Regulations (Scotland) 2008

The Energy performance of Buildings Regulations (Scotland) 2008 came into force on 4th January 2009. It is the main piece of Scottish regulation introducing Energy Performance Certificates to Scotland and outlines the requirements.

Some important extracts from the regulations are as below:

Energy performance certificates on sale or rent

5.—(1) Where a building is to be sold or let the owner must make a copy of a valid energy performance certificate for the building available free of charge to a prospective buyer or prospective tenant.

(2) The energy performance certificate to be made available under paragraph (1) is the most recent valid certificate obtained in respect of the building.

(3) This regulation does not apply at any time before the construction of a building has been completed.

Public Buildings (Such as schools, hospitals, libraries, council sport facilities etc)

9.—(1) The owner or, where the owner is not the occupier, the occupier, of a public building must ensure that an energy performance certificate for that building is displayed within the building in a prominent place clearly visible to visiting members of the public. This relates to "Public Buildings."

Enforcement authorities

15.—(1) Every local authority is an enforcement authority for the purposes of these Regulations.

Penalty Charge Notices

17.—(1) An enforcement authority may, if it believes that an owner has breached any duty under regulation 5, give a penalty charge notice to that owner.

(2) A penalty charge notice may not be given–

(a) unless the owner has failed to make an energy performance certificate available to a prospective buyer or tenant within a period of 9 days after a request for such a certificate was made to the owner; and 

b)after the end of the period of 6 months beginning with the day on which it appeared to the enforcement authority that the duty under regulation 5 was breached.

 

DOWNLOAD: Energy Performance of Buildings Regulations (Scotland) 2008