What this covers
Why you need it
The power to require it sits in The Energy Performance of Buildings (Scotland) Regulations 2008, secondary legislation made under powers in other legislation.
What the Regulations carry
What our graph holds for The Energy Performance of Buildings (Scotland) Regulations 2008 as a whole — the Regulations behind this licence, not the licence conditions themselves.
- Duties on businesses
- 10
- Penalties
- 2
- Exemptions
- 5
Duties on businesses under the Regulations
- Display your Energy Performance Certificate (EPC) prominently reg.9
- Register energy performance data before issuing certificates reg.10
- Produce Energy Performance Certificate (EPC) upon official request reg.16
- Appeal a penalty charge notice to the sheriff court reg.20
- Include energy performance indicator in all property advertisements Advertisement for sale or let of a building or bui
- Fail to comply with energy performance certificate (EPC) duties Penalty charge notice for failure to comply with r
… and 4 more business duties in the same Regulations.
What happens if you get it wrong
- Obstructing an enforcement officer or impersonating an officer Unlimited fine
- Fail to comply with energy performance certificate (EPC) duties
Exemptions that may take you outside it
- Defence against EPC penalties if certificate is unobtainable — EPC requested 14+ days in advance or emergency tenant relocation required urgent move-in
- Defence against penalties for missing energy ratings in adverts — The owner provided instructions to include the energy rating and provided sufficient information to do so
- New buildings exempt from EPC duties before construction complete — Construction of the building or building unit has not yet been completed
- Representative assessments allowed for similar building units — The unit must have the same energy characteristics as another representative unit in the same building
- Small buildings and temporary sites exempt from EPC requirements — Non-residential buildings under 50m2, temporary buildings (≤2 years), or low-energy workshops/farms
Read our full dossier on The Energy Performance of Buildings (Scotland) Regulations 2008
Who issues it
This one does not go to your council. It is issued by The Scottish Government.
Where to apply
Duty, penalty and exemption labels are Guvnor’s analysis of the enabling instrument, not the instrument itself. Fees, forms and conditions are set by the issuing authority — always check the linked source.