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As part of our commitment to continually improve our service and to help our clients meet their legal obligations, we continue to update the Legal Registers on our website and provide free quarterly legal compliance updates to anyone who subscribes. The purpose of these updates is to ensure you stay up to date with any changes in your legal compliance obligations, our updates can also be kept and can be used as evidence that your business is staying up to date with any changes in the legislation, this can be very helpful at audit time.
The Energy Performance of Buildings (Scotland) Regulations 2008 aim to improve the energy efficiency of buildings in Scotland. The regulations require building owners and landlords to obtain an energy performance certificate (EPC) before marketing or letting a building, and to display the EPC in a prominent position in the building. The EPC provides information on the energy efficiency and environmental impact of the building, and includes recommendations for improving its energy performance. The regulations also require that air conditioning systems with a rated output of more than 12kW are inspected by an accredited assessor every five years. The regulations apply to all buildings that are constructed, sold, or let in Scotland, with some exceptions for certain types of buildings and transactions.
The Energy Performance of Buildings (Scotland) Regulations 2008 require building owners and landlords to obtain an Energy Performance Certificate (EPC) before marketing or letting a building. To obtain an EPC, the building owner or landlord must arrange for an accredited energy assessor to carry out an energy assessment of the building and produce a report. The report must include the building's energy performance rating, which ranges from A (most efficient) to G (least efficient), as well as recommendations for improving its energy performance. The energy assessor must use an approved methodology to calculate the energy performance of the building, and must have access to certain information about the building, such as its construction, heating and cooling systems, and insulation. The EPC must be displayed in a prominent position in the building, and must be made available to prospective tenants or buyers free of charge. The regulations also require that air conditioning systems with a rated output of more than 12kW are inspected by an accredited assessor every five years, and that the results of the inspection are kept on file.
The Energy Performance of Buildings (Scotland) Regulations 2008 (legislation.gov.uk)
Associated ISO Standards
The Energy Performance of Buildings (Scotland) Regulations 2008 include some exemptions for certain types of buildings and transactions. The following are some of the main exemptions:
1. Places of worship, certain temporary buildings, and standalone buildings with a total useful floor area of less than 50 square meters are exempt from the regulations.
2. Buildings that are used as holiday accommodation for less than four months of the year, or for a limited number of days per year, and which have low energy demand, are exempt.
3. Buildings that are due to be demolished within two years of the date of the transaction are exempt.
4. Buildings that are listed or located within a conservation area that would require consent to carry out certain energy efficiency measures are exempt from those measures that would alter the building's character or appearance.
5. Buildings that are used as industrial sites, workshops, or non-residential agricultural buildings are exempt from certain requirements related to the energy performance certificate.
It's important to note that these exemptions may vary and could be subject to specific conditions and requirements, so it's best to consult the regulations or seek professional advice to determine if a building is exempt.
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