The following Property guidance note Produced in partnership with Rachel Oliphant of Pinsent Masons LLP provides comprehensive and up to date legal information covering:
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.
Where the AEP Regs 2016 apply the owner needs to commission an action plan which identifies energy and emissions savings targets and how those targets will be met by improvement to the building. There is a useful flowchart in the Scottish Government's information leaflet here—to assess if the AEP Regs 2016 apply to a particular building. The owner must then decide whether to:
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