The regulations for Scotland's New Build Heat Standard were laid in the Scottish Parliament in the week commencing 5 June 2023, ahead of taking effect from 1 April 20241. The standard will be introduced through building regulations1.
The standard applies to all new buildings, both domestic and non-domestic, constructed under a building warrant applied for on or after 1 April 20241. It prohibits the use of heating and cooling systems within the curtilage of any new building that produce more than a negligible level of greenhouse gas emissions at the point of combustion1. The Scottish Government states the threshold is intended to ensure that new and developing technologies producing insignificant or trace direct emissions are not inadvertently prohibited1. The standard extends only to space heating, cooling and hot water; other processes that use or generate heat or hot water for any other purpose fall outside its scope1.
The regulations also reach conversions of existing buildings in certain circumstances. The standard applies where a conversion involves a change in occupation or use of the part of the building containing an existing direct emission heating system, and where it is reasonably practicable to do so; further guidance on what that means in practice is to follow1. Emergency back-up heating systems, installed solely for use if the main heating or hot water service fails, are excluded1.
The consultation that preceded the regulations opened on 28 Jul 2022 and closed on 20 Oct 2022, and drew 112 responses, 91 from businesses and other organisations and 21 from individuals1. The majority, 62 per cent, supported the proposals1. Respondents generally supported the intention to regulate for zero direct emissions heating, but noted possible unintended consequences around the prohibition of bioenergy, non-domestic buildings with complex heat needs, and emergency back-up supplies1. The Lines Between were commissioned to carry out an independent analysis of responses, and impact assessments covering building and regulatory matters, equality, the Fairer Scotland Duty, island communities, and children's rights and wellbeing were published alongside it1.
"The NBHS will prohibit the use of heating and cooling systems, located within the curtilage of any new building, which produce more than a negligible level of greenhouse gas emissions at the point of combustion."
Why it matters for households
The standard sets the rules at the point of construction rather than at the point of occupation, so its direct effect falls on anyone building a new home in Scotland or converting an existing building in the circumstances described, rather than on households already living in older properties. For a new home, the practical consequence is that the heating and hot water system will be one that produces no more than negligible emissions at the point of combustion, which in most cases points to a heat pump or another electric system rather than a gas or oil boiler. That shifts a household's running costs and its exposure to fuel prices onto electricity, and makes the building's fabric, insulation and system sizing more consequential for bills. The exclusion for emergency back-up systems means a secondary heat source installed only for use when the main system fails is not caught. The Scottish Government describes the standard as paving the way for similar requirements in existing buildings from 2025 onwards, which is the point at which the rules would begin to reach households in homes that already exist1. The wider policy landscape, including targets and forthcoming rules, is set out in UK heat pump policy, targets and the rules coming.
What happens next
The Scottish Government said it intended to update the building standards Technical Handbooks later in 2023, with a link to be provided once published1. The regulations take effect from 1 April 20241. The consultation feedback page was updated on 6 Sep 2023 and the results section on 9 Jun 20231. No further dates beyond these have been reported.
Sources1 cited
- [New build heat standard consultation: part II
- Scottish Government consultations
- Citizen Space](https://consult.gov.scot/energy-and-climate-change-directorate/new-build-heat-standard-part-two/), consult.gov.scot