Scotland: S63 Action Plans
Section 63 Action Plans
Requirements under Section 63 of the Climate Change (Scotland) Act
Section 63 Action Plans
Region: Scotland
An introduction to Section 63 Action Plans
In addition to an EPC being required, from 1st September 2016, regulations require the assessment and improvement of non-domestic buildings with a total Gross Internal Area greater than 1,000 sq m.
A Section 63 Action Plan identifies a target improvement factor to reduce carbon emissions and energy performance. It outlines how these could be carried out through physical improvements to the property.
As with the Energy Performance Certificate, the Action Plan must be available to prospective buyers or tenants and provided to the new owner or tenant at the time of marketing.
For buildings larger than 1,000 sq m, a S63 Action Plan may be required in addition to an EPC
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RegionScotland
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Size+1,000 sq m GIA
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BuiltPre-2002
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TargetEPC rating equivalent to 2002 standard
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Whats requiredAn Action Plan will outline a target energy & CO2 saving
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Timescale3 1/2 years
EPC and S63 Action Plan services
Scotland's commitment to tackling climate change and improving energy efficiency is embodied in the Energy Efficient Scotland programme. This initiative outlines the steps that homes, businesses, and public buildings must take to reduce energy consumption and lower greenhouse gas emissions.
For owners of non-domestic properties, specific regulations under Section 63 of the Climate Change (Scotland) Act 2009 are outlined by the Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016.
When do the regulations apply?
The Section 63 regulations have been in effect since 1 September 2016. They apply specifically to non-domestic buildings with a floor area exceeding 1,000 sq m, and are triggered when such properties are sold or leased to a new tenant.
In these instances, property owners must present a valid Energy Performance Certificate (EPC). However, exemptions exist for:
- Buildings built to the 2002 building standards or more recently.
- Buildings that meet energy efficiency standards comparable to those introduced by the 2002 Scottish building regulations. See the EPC for more information.
- Properties that have already been upgraded through a Green Deal initiative
These exemptions acknowledge that some buildings have already achieved an acceptable level of energy performance.
What are the owner’s responsibilities?
When the regulations apply, the building owner is required to commission an additional energy assessment that results in the creation of a Section 63 Action Plan. This plan outlines specific improvement measures aimed at enhancing the energy and carbon performance of the building.
The Action Plan identifies improvement targets for energy efficiency and emissions reduction.
Proposed physical upgrades to the building that would help meet these targets.
After the Action Plan is created, the owner has several options, and we can provide further information.
EPCs and S63 Action Plans in property transactions
Just like EPCs, Section 63 Action Plans must be made available to potential buyers or tenants during the marketing phase.
The existence of a valid Action Plan is sufficient for marketing the property, but carrying out the improvements before a sale or new letting is not a prerequisite to a sale or lease.
Who can prepare S63 Action Plans?
Professionals registered as Section 63 Advisors must prepare Action Plans.
This overview contains information available to the public and has been relied upon by Metro Commercial Ltd on the basis that it is accurate and complete. Metro Commercial Ltd accepts no responsibility if this should prove not to be the case. No warranty or representation, express or implied, is made to the accuracy or completeness of the information contained herein, and the same is submitted subject to errors, omissions or views. Parties should seek legal advice from their solicitor.
