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The Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2020

Draft Legislation:

This is a draft item of legislation and has not yet been made as a Scottish Statutory Instrument.

Regulation 2(1)

SCHEDULE 1ENERGY EFFICIENCY IMPROVEMENTS

The improvements specified as energy efficiency improvements are the installation of—

(1) loft insulation, including top-up loft insulation,

(2) flat roof insulation,

(3) room in the roof insulation,

(4) rafter insulation,

(5) cavity wall insulation,

(6) solid wall insulation,

(7) floor insulation, including insulation beneath suspended timber floor and insulation on top of solid floors,

(8) party wall insulation,

(9) dynamic insulation,

(10) double glazing,

(11) secondary glazing,

(12) triple glazing,

(13) solar blinds, shutters and shading devices,

(14) insulated external doors,

(15) hot water cylinder insulation jackets,

(16) draught proofing of windows, doors and loft hatch,

(17) baffles or dampers to block open chimneys when not in use,

(18) solar air positive input ventilation,

(19) a condensing boiler as a replacement for an existing gas, oil or liquid petroleum gas central heating boiler,

(20) a new gas central heating system (where none before),

(21) a new oil or liquid petroleum gas central heating system (where none before),

(22) a biomass central heating system,

(23) fan-assisted electric storage heaters,

(24) high heat retention electric storage heaters,

(25) an electric thermal store wet central heating system,

(26) air source heat pumps (both air-to-water and air-to-air systems),

(27) ground source heat pumps,

(28) replacing the secondary heating with a more efficient / appropriate appliance,

(29) micro combined heat and power,

(30) fitting central heating controls including room thermostats, programmers, and thermostatic radiator valves,

(31) fitting a cylinder thermostat on the hot water cylinder,

(32) solar thermal hot water,

(33) photovoltaic panels,

(34) solar assisted heat pumps,

(35) low energy lighting.

Regulation 14(5)

SCHEDULE 2Information to be submitted for registration on the PRS Exemptions Register

1.  The information referred to in regulation 14(5)(b) to be submitted for registration where a landlord wishes to rely on regulation 10(1) is—

(a)which subparagraph of regulation 10(1) applies,

(b)a copy of any correspondence and documents evidencing that—

(i)consent was required and sought, and

(ii)consent was refused or granted subject to a condition with which the landlord could not reasonably comply.

2.  The information referred to in regulation 14(5)(b) to be submitted for registration where a landlord wishes to rely on regulation 11(1) is a copy of any written opinion described in regulation 11(1).

3.  The information referred to in regulation 14(5)(b) to be submitted for registration where a landlord wishes to rely on regulation 12(1) is—

(a)for each qualifying energy efficiency improvement made to the property which is relied on in calculating the actual costs, details of—

(i)the energy efficiency improvement,

(ii)the date on which the energy efficiency improvement was made, and

(iii)evidence of the cost incurred by the landlord in making that energy efficiency improvement,

(b)for the purposes of regulation 12(2)(b) or (c) either—

(i)copies of two quotations for the cost of purchasing and installing the outstanding relevant energy efficiency improvement or improvements relied on for such purposes, which demonstrate the cost to the landlord of making such improvement, or improvements, would alone, or together with the actual costs, exceed £5,000,

(ii)confirmation from a relevant person or an EPC assessor that demonstrates that the cost to the landlord of making such improvement, or improvements, would alone, or together with the actual costs, exceed £5,000, or

(iii)confirmation from a relevant person or an EPC assessor that no outstanding relevant energy efficiency improvement can be made to the domestic PR property without the cost to the landlord of doing so exceeding £5,000,

(c)for the purposes of regulation 12(3)(b) or (c) either—

(i)copies of two quotations for the cost of purchasing and installing the outstanding relevant energy efficiency improvement or improvements relied on for such purposes, which demonstrate the cost to the landlord of making such improvement, or improvements, would alone, or together with the actual costs, exceed £10,000,

(ii)confirmation from a relevant person or an EPC assessor that demonstrates that the cost to the landlord of making such improvement, or improvements, would alone, or together with the actual costs, exceed £10,000, or

(iii)confirmation from a relevant person or an EPC assessor that no outstanding relevant energy efficiency improvement can be made to the domestic PR property without the cost to the landlord of doing so exceeding £10,000.

4.  The information referred to in regulation 14(5)(b) to be submitted for registration where a landlord wishes to rely on regulation 13(1) is—

(a)a statement setting out which paragraph of regulation 13(2) is relied upon by the landlord,

(b)the date on which the landlord became, or continued to be, the landlord by virtue of a circumstance referred to in regulation 13(2).

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