Posted on Jun 08, 2017
The EU Energy Performance of Buildings Directive 2010 is the main driver behind higher standards in relation to energy performance. Privately let buildings are believed to be the worst offenders in this area, with many of those located in rural areas.
The Scottish Government has recently issued a consultation paper in respect of energy efficiency and repairing standards in the private rented sector and the potential impact on landlords – particularly with regard to rural properties – could be considerable.
Part 1 of the consultation proposes new minimum standards for energy efficiency with the aim of improving the least efficient properties. The principal proposals are:
Part 2 of the consultation proposes new repairing standards for privately rented properties, to bring them in line with the existing standards for social housing. The principal proposals relate to:
The consultation also seeks views on widening the scope of the repairing standard to include properties let as part of agricultural tenancies and some holiday lets, which are currently excluded.
Enforcement of the new standards would be through the First Tier Tribunal for Scotland (Housing and Property Chamber). The Tribunal will have the power to issue Repairing Standard Enforcement Orders (RSEO). Failure to carry out works required by an RSEO would be a criminal offence.
In considering all of the proposed changes in the consultation paper, the potential for considerable expense and additional administrative burden for Landlords is clear. A specific area of concern is the potential for the residential element of agricultural tenancies to be brought within the new regime, requiring compliance with both the repairing Standard and EPC for the first time. The Scottish Government is seeking responses to the consultation by 30 June 2017. The full consultation document can be viewed and responses submitted at https://consult.scotland.gov.uk/better-homes-division/energy-efficiency-programme/.
For more information and advice, please contact Ross Low in our Land and Rural Business team on 01738 621212 or by email at email@example.com or contact a member of the Land & Rural Business Team.
Categories: Land and Rural Business