The Scottish Government opened a consultation on 6 June 2025 on draft Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations, proposing a Minimum Energy Efficiency Standard for privately rented homes in Scotland1. The consultation closed on 29 August 20251. The regulations would be made under existing powers in the Energy Act 20112.
The proposal is a prohibition on letting domestic properties that do not meet EPC Heat Retention Rating (HRR) band C until the landlord has made relevant energy efficiency improvements1. The HRR is a fabric-based rating showing how well a property retains heat, and will appear on reformed EPCs due to be introduced in autumn 20264. The Scottish Government intends the standard to apply to new tenancies from 2028 and to all privately rented homes by the end of 20331. The draft regulations give a coming-into-force date of 1 April 2028, with the period to 31 March 2033 allowing landlords to continue letting sub-standard properties under existing tenancies5.
The consultation sought views on a cost cap of £10,000, a 12 month lead-in period for works to count towards it, and exemptions covering consent, negative impacts on the fabric or structure of a property, and temporary circumstances2. Local authorities would carry out enforcement and compliance duties, with powers to serve penalty notices including financial penalties, a publication penalty or both, subject to appeal1. The Scottish Government also sought views on amending the Energy Act 2011 to raise the maximum fine that could be imposed to £30,0001.
The draft regulations are based on regulations laid in 2020 and withdrawn because of the covid pandemic1. The Scottish Government's own summary of the case for acting gives the stock position:
"in the private rented sector 48% of properties are rated EPC D or lower"
The same page records the sector as having the highest share (14%) of E, F or G rated properties, against 5% in the social rented sector and 11% owner-occupied, and 44% of private rented households in fuel poverty2. A partial business and regulatory impact assessment states that 74% of PRS homes use gas boilers and 7% use oil boilers3. It also notes there are currently no MEES for PRS properties in Scotland, so landlords can let at any EPC banding3.
| Measure | Detail |
|---|---|
| Minimum standard | EPC Heat Retention Rating band C1 |
| New tenancies | From 20281 |
| All privately rented homes | By the end of 20331 |
| Cost cap consulted on | £10,0002 |
| Maximum fine consulted on | £30,0001 |
| Enforcement | Local authorities1 |
Why it matters for households
For a tenant, the standard is aimed at the fabric of the home rather than the heating system, so compliance work would mean insulation and draught-proofing measures rather than a change of boiler1. The Scottish Government states that fabric improvements reduce the energy needed to heat a home and can lower bills where prices and usage stay the same, but adds that evidence on how individual households change their behaviour is limited, making savings for an individual home difficult to estimate5. The HRR is unaffected by changes to the heating system, so a home's rating under the new system would reflect how well it holds heat3. The UK private rented sector has no equivalent Scottish standard in force at present3. Landlords' existing duties, including the Repairing Standard, sit alongside the proposed regulations, and the consultation asked whether crofters, small landholders and agricultural holdings should be excluded2.
What happens next
The consultation closed on 29 August 2025 and responses will be analysed before next steps are decided2. New EPC regulations were due to be laid in Parliament in September 2025 and brought into force in autumn 2026, introducing the HRR1. The Scottish Government has said it plans to bring the EPC regulations into force in October 20266. The draft PRS regulations would come into force on 1 April 20285. A final business and regulatory impact assessment is to be published alongside the final regulations4. The Scottish Government has also said it continues to press the UK Government to rebalance gas and electricity prices so that clean heating running costs are lower than those of polluting systems6.
Sources6 cited
- 3. PRS MEES consultation - Draft Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations: consultation - gov.scot, gov.scot
- [Private Rented Sector (PRS) Minimum Energy Efficiency Standard (MEES)
- Scottish Government consultations
- Citizen Space](https://consult.gov.scot/energy-and-climate-change-directorate/private-rented-minimum-energy-efficiency-standard/consult_view/), consult.gov.scot
- Section 1: Background, aims and options - Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2026: partial BRIA - gov.scot, gov.scot
- Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations 2026: partial BRIA - gov.scot, gov.scot
- Consultation on draft energy efficiency (domestic privated rented property) (Scotland) regulations, gov.scot
- [Proposals for a Heat in Buildings Bill: Consultation
- Scottish Government consultations
- Citizen Space](https://consult.gov.scot/energy-and-climate-change-directorate/proposals-for-a-heat-in-buildings-bill), consult.gov.scot