The Energy Performance of Buildings (Scotland) Regulations 2008
At a glance
What's here
13 compliance obligations
Penalty landscape
1 of 13 obligations carry a criminal penalty. 1 carries different penalties and 11 have no criminal penalty — flagged in the list below.
Who this Act binds
Business-side actors with duties under this Act, ranked by how often they appear.
- Any Person 4
- Landlord 1
- Trader 1
- Occupier 1
Plus 6 non-business duties on Crown ministers, regulators, local authorities or tribunals — shown collapsed under each section below.
Other Acts binding the same actors
For each actor bound by this Act, the other UK Acts that bind them most often. Useful for understanding the full compliance landscape facing each role.
Any Person also bound by 770 other Acts (top 5 shown)
- Human Medicines Regulations 2012 2012 110 duties
- Merchant Shipping Act 1995 1995 97 duties
- Road Traffic Act 1988 1988 95 duties
- Air Navigation Order 2016 2016 86 duties
- Licensing Act 2003 2003 78 duties
Landlords also bound by 70 other Acts (top 5 shown)
- Renting Homes (Wales) Act 2016 2016 33 duties
- Housing Act 1985 1985 31 duties
- Fire Safety (England) Regulations 2022 2022 24 duties
- Housing (Scotland) Act 2006 2006 14 duties
- Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015 2015 10 duties
Traders also bound by 223 other Acts (top 5 shown)
- Value Added Tax Regulations 1995 1995 418 duties
- Companies Act 2006 2006 39 duties
- TULRCA 1992 1992 37 duties
- The Customs (Import Duty) (EU Exit) Regulations 2018 2018 33 duties
- Consumer Credit Act 1974 1974 31 duties
Occupiers also bound by 107 other Acts (top 5 shown)
- Avian Influenza and Influenza of Avian Origin in Mammals (England) (No. 2) Order 2006 2006 15 duties
- Regulatory Reform (Fire Safety) Order 2005 (England/Wales comparison) 2005 14 duties
- Nitrate Pollution Prevention Regulations 2015 2015 13 duties
- Highways Act 1980 1980 12 duties
- Housing Act 1985 1985 11 duties
What this Act requires
Sections that create concrete duties on businesses or carry penalties. Procedural and definitional sections are folded into the “Browse other sections” expander at the bottom of each group. Click any section title to read the source text on legislation.gov.uk.
Schedules
Browse 25 other Schedules — structural / supplementary
Green deal information
The green deal information in respect of a green deal...
The date on which the payment period starts and the...
The amount payable under the green deal plan—
The rate of interest charged under the green deal plan....
A statement indicating whether the interest rate charged under the...
Where, in accordance with regulation 33(b) of the Framework Regulations,...
The estimated first year savings.
Where the green deal property is a domestic property, a...
Where the green deal property is a non-domestic property, a...
In respect of each improvement installed at the green deal...
A statement advising the person receiving the recommendations report—
A statement— (a) indicating that improvements have been installed at...
A statement indicating that— (a) the improvements installed under the...
A statement indicating that further information is contained in the...
Where the green deal provider knows or has reasonable cause...
Where the green deal provider knows or has reasonable cause...
A statement indicating— (a) that a green deal plan is...
Where the green deal plan is a regulated consumer credit...
Where the green deal plan is not a regulated consumer...
A statement indicating that— (a) the outstanding credit under the...
Where a term has been included in a green deal...
The unique reference number assigned to the green deal plan....
The name of the person who is the green deal...
Assessment of energy performance
Other duties (1) — Crown / regulator
- Scottish Ministers must approve building energy calculation methods Crown / Minister / Government department
Display of energy performance certificates
- Display your Energy Performance Certificate (EPC) prominently Landlord
Registration of certificates
- Register energy performance data before issuing certificates Any Person
Disclosure of data
Other duties (1) — Crown / regulator
- Register keeper must disclose energy data to enforcement or legal authorities Statutory regulator
Enforcement authorities
Other duties (1) — Crown / regulator
- Local authorities must enforce energy performance regulations Local authority
Power to require production of energy performance certificate
Unlimited fine- Produce Energy Performance Certificate (EPC) upon official request Occupier
Penalty charge notices
Other duties (1) — Crown / regulator
- Local authorities may issue penalty notices for EPC failures Local authority
Reviews
Other duties (1) — Crown / regulator
- Enforcement authority must review penalty charge notices upon request Local authority
Appeal to the sheriff court
- Appeal a penalty charge notice to the sheriff court Any Person
Service of documents
Other duties (1) — Crown / regulator
- Local authorities must follow specific rules when serving notices Local authority
Advertisement for sale or let of a building or building unit
- Include energy performance indicator in all property advertisements Trader
Penalty charge notice for failure to comply with regulation 5A
- Fail to comply with energy performance certificate (EPC) duties Any Person
Recommendations report
- Ensure energy recommendations reports meet statutory content standards Any Person
Browse 48 other sections — procedural / definitional / commencement
Citation, commencement and extent
Citation, commencement and extent
Interpretation
Interpretation
Meaning of prospective buyer or prospective tenant
Meaning of prospective buyer or prospective tenant
Application of Regulations
Application of Regulations
Energy performance certificates on sale or rent
Advertisement for sale or let of a building or building unit
Energy performance certificates on sale or rent
Energy performance certificates
Recommendations report
Energy performance certificates
Assessment of energy performance
Approved organisations
Approved organisations
Display of energy performance certificates
Registration of certificates
Fees for entering data onto register
Disclosures generally
Disclosures generally
Disclosure of documents
Disclosure of data relating to a particular building or building unit
Disclosure of documents
Disclosure of bulk access data
Disclosure of bulk access data
Disclosure of data
Disclosure of green deal information
Enforcement authorities
Power to require production of energy performance certificate
Penalty charge notices
Penalty charge notice for failure to comply with regulation 5A
Penalty charge notice for failure to comply with regulation 9
Defence where energy performance certificate unobtainable
Defence where failure to comply with regulation 5A
Defence where energy performance certificate unobtainable
Reviews
Appeal to the sheriff court
Recovery of penalty charges
Recovery of penalty charges
Service of documents
Offences relating to enforcement officers
Offences relating to enforcement officers
Defence where failure to comply with regulation 5A
Disclosure of data relating to a particular building or building unit
Disclosure of green deal information
Fees for entering data onto register
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