No more playing nice The ‘light touch’ used until now on emissions from nondomestic property looks set for a change, says Sheila Irvine
The new eight-part Netflix series Our Planet features jaw-dropping nature stories highlighting the pressing environmental challenges the earth is facing. The episodes, voiced by Sir David Attenborough, remind us that we’re all on one team in the race to protect the natural world; preserving ice caps, deep oceans, deserts and remote forests requires the buy-in of everyone to make a difference.
Leading the charge with this spirit of collective global responsibility is Scotland, where The Climate Change (Emissions Reduction Targets) (Scotland) Bill, completed Stage 1 of its passage through Scottish Parliament on 2 April. It aims to maintain Scotland’s place among countries at the forefront of global ambition on reducing greenhouse gas emissions.
The Bill proposes more ambitious targets than those set by the Climate Change (Scotland) Act 2009, with the headline changes being a reduction in Scotland’s greenhouse gas emissions of 56 per cent (relative to the 2009 Act’s baseline levels) by 2020, and 90 per cent by 2050.
Thebillalsoallowsforthesettingofa targetdatefora100percentreduction, knownasthe“netzero”target.discussions of what this target date might be are expected during Stage 2 of the Bill, following publication of a report by theukcommitteeonclimatechange, anticipated in early May.
A big part of the drive on emissions involves taking a closer look at improving the energy performance of the country’s older non-domestic
building stock – indeed it is a central component of the Scottish Government’s climate change policy.
Generally speaking, and subject to certain exemptions and exclusions, the Assessment of Energy Performance of Non-domestic Buildings (ASEP) Regulations apply to nondomestic buildings with a floor area greater than 1000 square metres and which fail to comply with 2002 building standards. The regulations are triggered on sale or lease and oblige owners to make an “action plan” available to prospective buyers or occupiers.
Action plans (prepared by registered advisors in collaboration with theownerfollowingabuildingassessment) set out a programme for implementation of energy performance improvement and emissions reduction measures. Where the advisor identifiesaneedforphysicalimprovement works to be carried out, these must be set out in the action plan.
If an action plan contains a statement that “operational rating measures” are required, the owner can choose to defer carrying out any physical improvement works by arranging instead to record and report actual emissions and energy use via a Display Energy Certificate on an annual basis. Where the owner opts for physical improvement works, 42 months is allowed to carry out the work. Local authorities are responsible for enforcement of the ASEP Regulations, and have power to impose a penalty charge of £1000 for failure to comply.
The current approach in Scotland, where owners are encouraged rather than compelled to carry out works to improve energy performance, is quite different England and Wales where the “MEES regulations”, (short for “Minimum Energy Efficiency Standards”) impose restrictions on landlords wishing to let buildings in England and Wales with an EPC rating below E. Generally speaking, owners of commercial premises with an EPC rating of F or G have been prohibited from granting new leases since 1 April 2018, and