Energy Performance of Buildings Directive: EPBD

EPCs in the UK have been introduced as a result of the European Energy Performance in Buildings Directive (EPBD). Legislation has been passed relating to the requirement for an Energy Performance Certificate (EPC) to be produced in certain circumstances.

The Legislation relating to EPCs in Scotland

Energy in buildings legislation

As of 4th January 2009 it became a legal requirement in to provide an EPC in Scotland for buildings for sale or for lease / to let. The relevant legislation is The Energy Performance of Buildings (Scotland) Regulations 2008. A copy can be viewed by clicking here.

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.

In Scotland, an EPC displays the approximate CO2 emissions and energy usage of the building based on a standardised use of the building. The rate is expressed as the CO2 emissions in kg per m2 of floor area per year, and it determines where the building sits on a seven band scale from A to G.

An EPC for a commercial property comes in three parts; the main certificate with the distinctive EU energy graph, an energy label, an outputs page and a recommendations section. The recommendations section highlights basic ways to improve energy efficiency whilst improving the EPC rating.

The energy performance certificate to be made available is the most recent valid certificate obtained in respect of the building and is valid for 10 years from the date on which it was issued.

A person becomes a prospective buyer or prospective tenant in relation to a building on the earliest of the dates when that person either:

  1. Requests any information about the building from the owner for the purpose of deciding whether to buy or lease the building.
  2. Makes a request to view the building for the purpose of deciding whether to buy or lease the building.
  3. Makes an offer, whether oral or written, to buy or lease the building.

Directive 2010/31/EU

Given that a new EU directive has been issued (2002/91/EC has now been superceeded by 2010/31/EU) the Scottish Government is carrying out a consultation with a view to implementing this directive. The consultation closes on 20th January 2012.

A copy of EU directive 2010/31/EU can be read here.

Where copies of statutory instruments are provided on this site this is done so under the Open Government Licence, a copy of which can be read at National Archives here.