Legalize / United Kingdom / Scotland / Scottish-Statutory-Instrument

The Energy Performance of Buildings (Scotland) Regulations 2025

Type Scottish-Statutory-Instrument

Publication 2025-12-16

State In force

Jurisdiction Scotland

Department King's Printer for Scotland

Source legislation.gov.uk

Reform history JSON API PDF

Made: 16th December 2025

Coming into force in accordance with regulation 1

In accordance with section 5(1) of the UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 and section 253(2)(b) of the Energy Act 2023, a draft of this instrument has been laid before and approved by the Scottish Parliament.

Citation, commencement and extent

1

(1) These Regulations may be cited as the Energy Performance of Buildings (Scotland) Regulations 2025 and come into force in accordance with paragraphs (2) and (3).

(2) Other than those regulations specified in paragraph (3) these Regulations come into force on 31 October 2026.

(3) This regulation and regulations 2 (interpretation), 11 (approved organisations), 12 (accreditation schemes) and 36 (approved organisations and accreditation schemes– transitional provisions) come into force on 1 January 2026.

(4) These Regulations extend to Scotland only.

Interpretation

2

(1) In these Regulations—

“the 2008 Regulations” means the Energy Performance of Buildings (Scotland) Regulations 2008[^f00003],

“accreditation scheme” means a scheme approved by the Scottish Ministers in accordance with regulation 12,

“approved methodology” means a methodology approved by the Scottish Ministers under regulation 10,

“approved organisation” has the meaning given in regulation 11(1),

“assessment data” means any information in respect of the energy performance of a building or building unit collected during an energy assessment, whether or not that information is entered on a register, held by an approved organisation, energy assessor or the keeper,

“bioenergy heating or peat heating system” has the same meaning as in paragraph 6.11 of schedule 5 of the Building (Scotland) Regulations 2004[^f00004],

“building unit” means part of a building that is designed or altered to be used separately,

“constructed” means, in respect of a building, when building works for the construction of the building have been completed,

“developer” has the meaning given in regulation 6(2),

“domestic property” is a building or building unit occupied as a dwelling, or, if not occupied, intended to be occupied as a dwelling,

“direct emissions rating” means, in respect of a building or building unit, a rating of both the current and potential emissions resulting from the normal use of the building or building unit assessed and expressed in accordance with an approved methodology,

“dwelling” has the same meaning as in regulation 2 (interpretation) of the Building (Scotland) Regulations 2004,

“emissions” means greenhouse gas emissions,

“energy assessment” means an assessment of the energy performance of a building or building unit and includes the preparation and issuing of energy performance certificates and property reports and the carrying out of any inspections undertaken for the purposes of preparing energy performance certificates or property reports,

“energy assessor” means an individual who is a member of an accreditation scheme,

“energy cost rating” in respect of a building or building unit, means a rating of the estimated current and potential annual cost of energy used by the normal use of the building or building unit assessed and expressed in accordance with an approved methodology,

“energy performance” in relation to a building or building unit includes its energy usage, energy efficiency and greenhouse gas emissions,

“energy performance certificate” means a certificate which complies with regulation 8,

“energy performance data” means information needed to produce an energy performance certificate or a property report and, for the purposes of regulations 16 and 18 to 20, includes the report reference number relating to that energy performance certificate,

“energy performance indicators” means— in respect of a domestic property, the heat retention rating, the heating system rating and the energy cost rating for that property, in respect of a non-domestic property, the energy performance rating, the energy use rating and the direct emissions rating for that property,

“energy performance rating” means, in respect of a building or building unit, a rating of the current and potential emissions resulting from the normal use of the building or building unit assessed and expressed in accordance with an approved methodology,

“energy use rating” means, in respect of a building or building unit, a rating of the current and potential demand for energy for the normal use of the building or building unit assessed and expressed in accordance with an approved methodology,

“enforcement authority” has the meaning given in regulation 21(1),

“excluded building” means— a building or building unit owned, occupied or used from time to time by any of the naval, military or air forces of the Crown, the Security Service, the Secret Intelligence Service, the Government Communications Headquarters or the Royal Family, or a building or building unit used for the purpose of a prison or a young offenders institution (within the meaning of section 19(1)(b) of the Prisons (Scotland) Act 1989[^f00005]),

“greenhouse gas” has the same meaning as in section 10 of the Climate Change (Scotland) Act 2009[^f00006],

“heat network” has the same meaning as in section 1 of the Heat Networks (Scotland) Act 2021[^f00007],

“heat network zone” has the same meaning as in Part 3 of the Heat Networks (Scotland) Act 2021,

“heat retention rating” means, in respect of a building or building unit, a rating of both the current and potential energy performance of the fabric of the building or building unit assessed and expressed in accordance with an approved methodology,

“heating system rating” means, in respect of a building or building unit, a rating which, in accordance with an approved methodology, assesses and expresses both the current and potential— level of emissions likely to be produced by the normal operation of the main heating system of the building or building unit, and efficiency of the main heating system of the building or building unit,

“indicator of primary energy use” means, in respect of a building or building unit, an indicator of the estimated primary energy used annually by the normal use of the building or building calculated and expressed in accordance with an approved methodology,

“keeper”, in respect of a register, has the meaning given in regulation 14,

“main heating system” in relation to a building or building unit, means the heating or hot water service system designed and installed to be the means by which the demand for space heating and hot water is met during normal use of the building or building unit,

“newly constructed property” means a property which has been constructed but is yet to be occupied,

“non-domestic property” means a building or building unit that is occupied other than as a dwelling, or, if not occupied, is not intended to be occupied as a dwelling,

“owner” means— in respect of a building or building unit which is to be let, the prospective landlord, in any other case, a person who has right to the building or building unit whether or not that person has completed title, but if, in relation to the building or building unit more than one person comes within that description of owner, then “owner” means such person as has most recently acquired such right,

“primary energy” means energy which has not undergone any conversion or transformation process,

“property report” has the meaning given in regulation 9,

“prospective buyer” and “prospective tenant” have the meanings given in regulation 3,

“register” means a register maintained in accordance with regulation 14,

“relevant date” has the meaning given in regulation 6(2),

“report reference number” means the unique reference under which the energy performance data relating to an energy performance certificate for a building or building unit is entered onto the register.

(2) Where there is a requirement under these Regulations to refer to a type of heating system, this is to be by making reference to a broad category of heating system which has a commonality in respect of the fuel used or the nature of the technology, for example “gas boiler”, “air source heat pump”, “electric storage heating”, “bioenergy or peat heating system”, “heat network”.

Meaning of prospective buyer or prospective tenant

3

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

(a) requests any information about the building or building unit from the owner for the purpose of deciding whether to buy or lease the building or building unit,

(b) makes a request to view the building or building unit for the purpose of deciding whether to buy or lease the building or building unit, or

Application of regulations

4

These Regulations do not apply to—

(a) temporary buildings with a planned time of use of two years or less,

(b) workshops with low energy demand,

(d) stand-alone non-domestic properties with a total useful floor area of less than 50m2,

(e) a building or building unit which is designed and constructed to be unheated or which is designed and constructed to be heated by a heating system which is not a fixed heating system.

Energy performance certificates on sale or rent

5

(1) Where a building or building unit is to be sold or let the owner must make a copy of a valid energy performance certificate for the building or building unit and of the related property report available for inspection free of charge to a prospective buyer or a prospective tenant.

(2) Where a building or building unit is sold or let the owner must provide a copy of a valid energy performance certificate and of the related property report free of charge to the buyer or tenant.

(3) Any reference in this regulation to the letting of a building or building unit does not include the renewal of an existing lease with the same tenant.

(4) This regulation does not apply in relation to a building or building unit at any time before the construction of the building or building unit has been completed.

Energy performance certificates on construction

6

(1) Where a building is constructed the developer must, not later than the date 7 days after the relevant date, give a copy of a valid energy performance certificate for the building and of the related property report to the owner of the building.

(2) In this regulation—

“completion certificate” and “verifier” have the same meaning as in section 56(1) of the Building (Scotland) Act 2003[^f00008],

“the developer” means the person who carried out the building work for the construction of the building,

“relevant date”, in relation to building work for the construction of a building, means the date on which a completion certificate in respect of those works is submitted to a verifier under section 17 of the Building (Scotland) Act 2003.

Advertisement for sale or let of a building or building unit

7

(1) Subject to paragraph (2), where a building or building unit is offered for sale or let, the owner of the building or building unit must ensure that any advertisement in commercial media offering the building or building unit for sale or let, as the case may be, states the energy performance indicators for that building or building unit.

(2) Where—

(a) a building unit is offered for sale or let, and

(b) the energy performance certificate for that building unit is based on certification in accordance with regulation 8(6),

the advertisement in commercial media may state the energy performance indicators included in that certificate.

(3) In this regulation “advertisement in commercial media” means any of the following—

(a) an advertisement in a newspaper or a magazine,

(b) an advertisement transmitted electronically, including by means of the internet,

(4) In this regulation “written particulars” means—

(a) in relation to a building or building unit to be sold, any written description of the property which includes at least two of the following—

(i) a photograph of the building or building unit or any room in the building or building unit,

(ii) a floor plan of the building or building unit,

(iii) the size of the rooms in the building or building unit,

(iv) the measured area of the building or building unit, and

(b) in relation to a building or building unit to be let, any written description of the property which includes at least two of the following—

(i) a photograph of the building or building unit or any room in the building or building unit,

(ii) a floor plan of the building or building unit,

(iii) the size of the rooms in the building or building unit,

(iv) the proposed rent,

and reference to written particulars or a written description includes particulars or a description given or made available electronically.

Energy performance certificates

8

(1) An energy performance certificate for a building or building unit must include—

(a) in the case of a building or building unit which is a domestic property—

(i) a heat retention rating,

(ii) a heating system rating,

(iii) an energy cost rating,

(b) in the case of a building or building unit which is a non-domestic property—

(i) an energy performance rating,

(ii) an energy use rating,

(iii) a direct emissions rating,

(2) The information is—

(a) a statement that information on measures which could be taken to improve the energy performance of the building or building unit is contained in the property report for the building or building unit,

(b) the address of the building or building unit,

(d) the date on which the energy performance certificate was issued,

(e) the type of heating system,

(f) whether the building or building unit is located within a heat network zone on the date on which the energy performance certificate was issued.

(3) An energy performance certificate must either—

(a) be issued by an energy assessor who is accredited to produce energy performance certificates for the category of building or building unit to which the certificate relates, or

(b) be produced from data entered on a register following a request for disclosure of that certificate made by virtue of regulation 16.

(4) An energy performance certificate and its related property report for a building or building unit cease to be valid on the earlier of—

(a) the expiry of a period of 5 years from the date on which the energy performance certificate was issued,

(b) the date on which another energy performance certificate for the building or building unit is subsequently issued.

(5) An energy performance certificate must not contain any information or data from which a living individual (other than the person issuing it or that person’s employer) can be identified.

(6) Certification for newly constructed property may be based on the assessment of another representative property where—

(a) the representative property is of similar design, size and actual energy performance quality, and

(b) the energy assessor issuing the energy performance certificate has confirmed in writing that this is the case.

Property report

9

(1) The property report for a building or building unit must include the information specified in paragraph (2) and in the case of a property report for a domestic property must also include the information specified in paragraph (3).

(2) The information is—

(a) an indicator of primary energy use,

(b) information about measures which might be taken which have the potential—

(i) to improve the energy performance indicators for the building or building unit,

(ii) to reduce emissions, in particular those emissions associated with the operation of the system by which space within the building or building unit is heated or cooled or by which hot water is made available in the building or building unit,

(d) the name of the energy assessor issuing the property report and the name of the accreditation scheme of which the energy assessor is a member.

(3) The information is—

(a) an indicator of the estimated level of emissions attributable, both direct and indirectly, to the normal use of the building or building unit assessed and expressed in accordance with an approved methodology,

(b) an indicator of the estimated energy used, during normal use of the building or building unit, to provide heating, hot water, cooling, lighting and ventilation to the building or building unit, assessed and expressed in accordance with an approved methodology,

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