Non-Domestic Buildings (Scotland) Regulations Survey

New regulations in force from September 2016 now place a duty on a number of commercial property owners to assess and improve the energy performance of their buildings. Whilst this predominantly affects owners, we feel it is imperative that all parties with an interest in commercial property transactions are aware of the potential implications that may arise.

As part of the international effort to battle climate change, the Scottish Government has set targets to reduce Scotland’s greenhouse gas emissions by 42% by 2020 and 80% by 2050. 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.

Is the building to be put on the market or offered for sale or lease to a new tenant after 1st September 2016?

Is the building (or part of)being sold or rented larger than 1000m2?

Is the building ‘EPC exempt’ under regulation 4a of the Energy Performance of Buildings (Scotland) Regulations 2008?

Was the building constructed in accordance with a building warrant applied for on or after 4thMarch 2002?

Does the building otherwise meet or exceed the energy standards applicable on 4thMarch 2002?

Where the building is offered for lease, is the type of lease an exempt transation?

It is likely that the new regulations under Section 63 of the Climate Change (Scotland) Act 2009 will affect your property and a further assessment will be required alongside the EPC as part of the transaction or marketing process. Please contact our Building Consultancy Team to discuss.

RESULT

It is likely that the new regulations will not at this stage affect you however please contact our Building Consultancy Team to discuss.

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