The consultation on draft Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations closed at the end of 29 August 2025, the Scottish Government has said. The draft regulations would introduce a minimum energy efficiency standard (MEES) in the private rented sector (PRS), requiring properties to reach reformed EPC Heat Retention Rating (HRR) band C from 2028 for new tenancies and by 2033 for all privately rented homes1.
The regulations would set a "minimum level of energy efficiency" as an HRR of C, and a landlord of a sub-standard domestic PR property must not let the property on or after 1 April 2028 unless the standard is met1. During the period beginning on 1 April 2028 and ending on 31 March 2033, the prohibition does not stop a landlord continuing to let a sub-standard property under an existing tenancy to an existing tenant1. The Scottish Government is seeking views on a proposed cost cap of £10,0001.
The consultation document states that the new EPC regulations will be laid in September 2025 and come into force in autumn 2026, ahead of the PRS MEES regulations, which come into force on 1 April 20281. It also notes that from 28 March 2027 the types of tenancy excluded from the Repairing Standard will change1. The regulations are made in exercise of powers conferred by sections 55, 56 and 57 of the Energy Act 2011, and the draft regulations were laid before the Scottish Parliament under section 64(3) of that Act1.
The document records that the regulations were previously agreed by the Scottish Parliament with no objection before being withdrawn because of the impact of the covid pandemic on the sector, and that in a statement to Parliament on 3 April 2025 the Scottish Government committed to introducing a Heat in Buildings Bill in 20251. It also states that the Scottish Government established the PRS Landlord Loan Scheme in 2020 to support the now withdrawn regulations1.
The consultation asks whether short-term holiday lets should be excluded from the PRS MEES, and proposes that exemptions should last for five years to reflect changes to planning regulations, the will of other residents or owners, available technologies or the development of new energy efficiency measures1. A "relevant person" for the purposes of an exemption would be defined as an independent architect, independent chartered engineer, independent chartered building surveyor, or independent chartered architectural technologist1. A temporary exemption for a new landlord is intended to last six months from the date the landlord inherits or purchases the property1.
"We are inviting you to respond to this consultation by close 29 August 2025."
Why it matters for households
For tenants in the private rented sector, the proposals set out in the consultation would establish a minimum energy efficiency standard for the homes they rent, with a backstop date of 2033 for all privately rented homes1. The consultation document states that 48% of PRS properties are rated EPC band D or lower, and that the sector has the highest percentage (14%) of EPC band E, F or G rated properties compared with the social rented sector (5%) and owner occupied sector (11%)1. It also states that 44% of people in the PRS live in fuel poverty1.
The document says that installing better insulation and other energy efficiency measures could reduce emissions from the PRS by up to 5%, and that fabric improvements can help prepare properties for clean heating systems that require good levels of energy efficiency1. It notes that a household may choose to spend the same amount on heating but have a warmer home, or achieve a similar temperature using less fuel at a cheaper cost, which makes it difficult to estimate cost savings for individual homes or tenants1.
For landlords, the regulations would set out when a property can be let, the exemptions available and the proposed cost cap of £10,0001. The consultation document states that the new EPC regulations will be laid in September 2025 and come into force in autumn 2026, giving landlords time to understand how their property performs under the new HRR before the MEES regulations come into force in 20281.
What happens next
The consultation closed on 29 August 20251. The Scottish Government has said the new EPC regulations will be laid in September 2025 and come into force in autumn 2026, and the PRS MEES regulations come into force on 1 April 20281. The backstop date for all privately rented homes is 20331. The consultation document states that in a statement to Parliament on 3 April 2025, the Scottish Government committed to introducing a Heat in Buildings Bill in 20251.