Energy Services

A to G Ladder

Our Energy Team are fully accredited Commercial Energy Assessors for all non-domestic energy assessments including New-Build and Existing.

Energy Performance Certificate (EPC) – an Energy Performance Certificate identifies how energy efficient a building is through an analysis of its size, layout, construction, services, occupancy and use. Buildings are rated on a scale of A to G, with A being the most efficient. A Recommendations Report is also included alongside an EPC which identifies measures that could improve the energy performance of the building, however these recommendations are not mandatory.

EPCs are required in the following instances (subject to some minor exceptions):

• when a building is newly constructed (on completion of the Building Warrant process);

• when a building is to be sold or rented to a new tenant;

• for display in buildings greater than 250m² which are occupied by a public authority or visited frequently by the public.

During the marketing process for a building, the energy performance indicator must be included in all marketing material and the EPC made available to interested parties. Failure to comply with this may result in the building owner incurring a penalty charge. It is therefore recommended to commission an EPC at the earliest opportunity.

EPCs are valid for 10 years providing no major changes are undertaken to the building within that period.

Section 63 – as part of the international effort to battle climate change, the Scottish Government has set targets to reduce Scotland’s greenhouse gas emissions. As non-domestic buildings are accountable for a large portion of these emissions, Section 63 of the Climate Change (Scotland) Act 2009 has introduced The Assessment of Energy Performance of Non-Domestic Buildings (Scotland) Regulations 2016.

These regulations apply to non-domestic buildings (or parts thereof) over 1,000sqm offered for sale or lease to a new tenant. There are minor exceptions to the Section 63 Regulations being applicable to buildings of this size, such as the age of the building, HVAC systems installed and the type of transaction taking place. To find out if your building may be applicable, please do not hesitate to contact our Energy Services Team.

Alongside the above requirement for an EPC, a Section 63 Assessment is a further mandatory process for the marketing of these buildings. This assessment produces an Action Plan setting out carbon and energy savings targets that the building will achieve if specified improvement works are undertaken.

The Action Plan is based on seven standard prescriptive measures set by the regulations and places a duty on the building owner to undertake all of those which apply to the building. The owner is then provided with a 42 month period to complete the works and have an updated EPC prepared to finalise the procedure and prevent enforcement action.

Owners have the option of deferring implementation of the works by recording the Operational Rating of the building through a Display Energy Certificate (DEC), however these certificates must be updated annually for as long as they wish to delay and failure to update will instigate the 42 month improvement process.

Display Energy Certificate (DEC) – a Display Energy Certificate is a record of a building’s energy performance over the previous 12 months and, similar to an EPC, it displays a building’s Operational Rating on a scale of A to G, with A representing the lowest CO2 emissions.

The Operational Rating is based on the amount of energy consumed over the 12 month period and is recorded through the provision of metering or utility bills of all of the services (electricity, gas, oil etc.). This information must be made available by the building owner in order for a DEC to be produced.

DECs were introduced in Scotland as part of the Section 63 regulations and are required if the building owner chooses to defer implementation of the improvement works through the Operational Rating route. A DEC is produced in this instance and should be displayed in a prominent position within the building and updated annually for as long as they wish to delay. There is no further legislation in Scotland that requires a DEC to be displayed in any other circumstances.

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