Status: Definite future change but not yet operational.
Nature and timing of the change: Section 63 of the Climate Change (Scotland) Act 2009 provides for regulations to be put in place by the Scottish Government which will require owners of Scottish commercial buildings which do not, at minimum, comply with the 2002 Scottish building regulations either:
- to carry out certain energy efficiency improvement works or
- annually to provide detailed information on energy use at the property.
There is currently no equivalent proposal for England and Wales.
The Scottish Government's latest announcement confirms that draft regulations will be published in August or September 2015 and that it is intended that the rules will be brought into force in June 2016.
Key facts (based on current information):
Any commercial building with a floor area of more than1000 sqm, which does not comply at minimum with the 2002 Scottish building regulations.
It is anticipated that, in the future, the threshold compliance level might be raised to be more recent regulations, so that even if a property will not be caught by the current proposals, in a few years time it might fall into the net.
Even if a building has a floor area of more than 1000 sq m and does not comply with the 2002 building regulations, it will not be affected by these provisions if it is:
|Triggers for the obligation:||
The obligation will be triggered if there is a sale or the grant of a lease of an affected building to a new tenant – but not a lease renewal or a lease for 12 weeks or less
If there is a proposed sale or lease to a new tenant, the owner must produce an Action Plan to the prospective buyer or tenant.The Action plan must cover two options being either:
|Timing to implement:||
If the owner chooses to carry out the improvements, these must be done within 3½ years (with the obligation passing to the buyer if the works have not been completed before it purchases the property).
If the owner chooses the annual reporting option, then it (and any successor owner) must:-