Retained provisions
Whilst the 2025 Regulations will eventually replace the 2008 Energy Performance of Buildings (Scotland) Regulations (“2008 Regulations”), it is important to note that the new regulations will maintain the following key provisions:- EPC requirement - A valid Energy Performance Certificate (EPC) must be in place when a new building is constructed, when a property is sold and when a property is let to a new tenant.
- Public display obligation - Certain large non-domestic buildings that are regularly accessed by the public must continue to display an EPC.
- Local authority enforcement - Local authorities will remain responsible for enforcing the regulations and may issue penalty charge notices for non-compliance.
- Ministerial Approvals - Scottish Ministers will retain the power to approve organisations that accredit energy assessors and continue to approve the methodologies used to calculate EPC ratings.
- EPC Register - The requirement to maintain a central EPC Register will remain in force.
What will change for Non-Domestic buildings under the 2025 regulations?
- New rating system and methodology - A new ratings system will be introduced. EPCs will include three ratings - energy performance, energy use and direct emissions. The energy performance rating will be based on a new calculation method which will align with the ratings system used across the rest of the UK. The regulations do not, however, introduce minimum energy efficiency standards, and in that respect the Scottish and English/Welsh regimes will continue to diverge for the time being.
- New property report - Instead of a recommendations report, each EPC must be accompanied by a property report. This new report will set out improvement measures which could be taken to improve the energy performance of the building and to reduce emissions (including information on alternative heating systems) and the estimated cost of implementing those measures.
- Redesigned EPC - The layout of EPCs will be updated to reflect the introduction of the new ratings and required information. We understand the design is currently undergoing testing prior to the new regulations coming into force.
- Shortened validity - EPCs will now be valid for 5 years instead of 10, the stated aim being to ensure more up-to-date information is available at the point of sale or let.
Transitional arrangements
From 31 October 2026 EPCs issued under the 2008 Energy Performance of Buildings (Scotland) Regulations (“2008 Regulations”) will no longer be valid. From that date all EPCs must meet the requirements of 2025 Regulations, subject to the following specific transitional provisions. There will be a one-year transitional period (“transitional period”) which will run from 31 October 2026 to 31 October 2027. During this time:
- Buildings for sale or let (excepting short term lets) – You may use an existing valid EPC and recommendations report issued under 2008 Regulations or a new style EPC and property report issued under the 2025 regulations for a sale or letting until 31 October 2027. However, note if the property is sold or let again within the transitional period only a new style EPC and property report complying with the 2025 Regulations may be used. From 1 November 2027 only EPCs and property reports complying with the 2025 Regulations may be used.
- Short-term let properties - You may use an existing valid EPC and recommendations report issued under 2008 Regulations or a new style EPC and property report issued under the 2025 regulations for a short term let until 31 October 2027. From 1 November 2027 only EPCs and property reports complying with the 2025 Regulations may be used.
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Large non-domestic buildings (frequently visited by the public) – Buildings in this category which are affected by the requirement to display a valid EPC may continue to use an EPC commissioned under the 2008 Regulations until the end of its validity period or until 31 October 2027, whichever is earlier.
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New builds – Developers of new buildings completed on or after 31 October 2026 must provide an EPC and Property Report compliant with the 2025 Regulations within 7 days of submitting a completion certificate.
What this means for you
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The regulations introduce a revised EPC system that is shorter in duration, intended to offer greater transparency, and harmonise the approach used across the rest of the UK. These changes will affect how you approach EPC compliance. Now is the time to:
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Review your current EPC portfolio.
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Prepare for re-certification where needed.
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Be ready to engage with accredited assessors trained in the new methodology.
To find out more any of the points raised in this article please contact Louise.Harkness@dwf.law.
Thank you to Louise Harkness and Louise Clark for the production of this article.
