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Scotland

NBHS regulations laid in the Scottish Parliament

Scottish ministers have laid regulations for the New Build Heat Standard, prohibiting direct emissions heating in new buildings from 1 April 2024, after a consultation that drew 112 responses.

A newspaper on a kitchen table beside a model of rules and regulation

The Scottish Government laid regulations for its New Build Heat Standard (NBHS) in the Scottish Parliament in the week commencing 5 June 2023, with the standard taking effect from 1 April 20241. The regulations were informed by the second consultation on the standard, which opened on 28 Jul 2022 and closed on 20 Oct 2022, and received 112 responses, 91 from businesses and other organisations and 21 from individuals1.

The standard will be introduced through building regulations and will prohibit heating and cooling systems located within the curtilage of any new building that produce more than a negligible level of greenhouse gas emissions at the point of combustion1. It applies to all new buildings, both domestic and non-domestic, constructed under a building warrant applied for on or after 1 April 20241. It also extends to the conversion of existing buildings where the 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 so1.

The scope is limited to space heating, cooling and hot water; other processes that use or generate heat or hot water for any other purpose fall outside the regulations1. Emergency back-up heating systems, installed solely for use if the main heating or hot water service fails, are excluded1.

Of the consultation responses, 62 per cent supported the proposals to introduce the standard, though respondents noted possible unintended consequences relating to 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, published alongside a suite of impact assessments1.

"The NBHS will apply to all new buildings, both domestic and non-domestic - constructed under a building warrant which is applied for on or after 1 April 2024."
Scottish Government, New build heat standard consultation: part II1

Why it matters for households

The standard sets the direction for how homes in Scotland will be heated as they are built. A household buying or commissioning a new home under a warrant applied for from 1 April 2024 will not have a gas or other direct emissions heating system installed, so the home's heating, hot water and cooling will run on a zero direct emissions system from the outset. That shifts a new home's running costs and its exposure to fuel prices onto electricity and whatever heat source the system uses, rather than a gas connection.

The Scottish Government describes the standard as paving the way for similar requirements in existing buildings from 2025 onwards, so the rules for new builds are the first stage of a wider change rather than an isolated measure1. The consultation responses flagged concerns about bioenergy, complex non-domestic heat needs and back-up supplies, which indicates where the practical difficulties were seen to lie. The regulations do not cover existing homes, and no requirements for existing buildings have been laid.

What happens next

The Scottish Government said it intends to update the building standards Technical Handbooks later in 2023, with a link to be provided once published1. The standard takes effect from 1 April 20241. Further guidance is to be provided on what "reasonably practicable" means for conversions1. The Scottish Government has said it intends to introduce similar requirements for existing buildings from 2025 onwards; no regulations to that effect have been reported1.

Sources1 cited
  1. [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_view/), consult.gov.scot