Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 and action plans for commercial property in Scotland
Produced in partnership with Rachel Oliphant of Pinsent Masons

The following Property practice note produced in partnership with Rachel Oliphant of Pinsent Masons provides comprehensive and up to date legal information covering:

  • Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 and action plans for commercial property in Scotland
  • How do the AEP Regs 2016 apply to commercial property in Scotland?
  • What is an action plan?
  • When is an action plan required?
  • When is an action plan not required?
  • Carrying out improvement works
  • Operational ratings
  • Discharging the duty to improve
  • Registering action plans and DECs
  • Buying a property with an existing action plan
  • More...

Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 and action plans for commercial property in Scotland

How do the AEP Regs 2016 apply to commercial property in Scotland?

This note explains how the Assessment of Energy Performance of Non-domestic Buildings (Scotland) Regulations 2016 (AEP Regs 2016), SSI 2016/146 apply to commercial property in Scotland.

The AEP Regs 2016 were introduced on 1 September 2016 to implement the requirements of section 63 of the Climate Change (Scotland) Act 2009.

The requirement on owners to comply with the AEP Regs 2016 is in addition to the requirements on owners under the Energy Performance of Buildings (Scotland) Regulations 2008 (EPC Regs 2008), SSI 2008/309. See Practice Note: Energy Performance Certificates (EPCs) for commercial property in Scotland.

The AEP Regs 2016 apply to owners of qualifying non-domestic buildings with a gross internal area over 1000 sq m who plan to sell their building or grant a lease to a new tenant on or after 1 September 2016. See the Scottish Government’s publication: A guide for building owners at page 5. A qualifying non-domestic building is one which does not meet the 2002 or later building standards (an EPC produced after 1 September 2016 will state if the property meets the 2002 standard and whether an action plan is required).

Where the AEP Regs 2016 apply the owner needs to commission an action

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