Two Scottish Government consultations closed at the end of August 2025: a scoping consultation on a proposed Heat and Energy Efficiency Technical Suitability Assessment (HEETSA), and a consultation on a potential minimum energy efficiency standard for the private rented sector (PRS MEES)1. The government says both are still under analysis before Ministers take decisions on the way forward, and that they do not form part of its updated response on Energy Performance Certificate reform1.
Its central proposal was for all privately rented properties, as far as possible, to reach EPC Heat Retention Rating band C from 2028 for new tenancies and by 2033 for all privately rented homes3. The consultation also asked whether the cost cap should be £10,000, whether there should be a 12 month lead in time for works to count towards that cap, whether all actual costs and the cost of an EPC should count towards it, and whether support to landlords should take the form of a loan3. It asked whether crofters, small landholders and agricultural holdings should be excluded, whether short-term holiday lets should be excluded, and whether local authorities should monitor and enforce compliance3. On penalties, it asked whether the Scottish Government should seek to amend the Energy Act 2011 to raise maximum financial penalties to £30,000 in future3.
The consultation set out the stock position behind the proposals. In 2023, 56 per cent of Scottish homes were rated EPC band C or better using existing EPC ratings, against 52 per cent in 20223. In the private rented sector, 48 per cent of properties are rated EPC D or lower, and the sector has the highest percentage of E, F or G rated properties at 14 per cent, compared with 5 per cent in the social rented sector and 11 per cent in the owner-occupied sector3. The consultation links this to fuel poverty, stating that 44 per cent of people in the private rented sector live in fuel poverty3. Minimum levels have applied to social rented properties since 2014, and draft Energy Efficiency (Domestic Private Rented Property) (Scotland) Regulations were consulted on in 2019 and laid before the Scottish Parliament in 2020 before being withdrawn because of the covid pandemic3.
The HEETSA consultation proposed the assessment as an optional step beyond the EPC, recognising the limitations of the EPC as a basic, standardised assessment and the potential need for a more bespoke technical assessment of which energy efficiency and clean heat measures would or would not be suitable for a building, in particular those which are harder to decarbonise such as traditional buildings or tenements1. The PRS MEES consultation asked whether HEETSA should be available as an option to evidence potential negative impacts on the fabric of a property and to support an exemption3.
"These consultations closed at the end of August 2025 and are still under analysis before Ministers take decisions on the way forward."
Why it matters for households
For private tenants in Scotland, the proposals under consultation would set a minimum energy performance level for rented homes, with the reformed EPC's Heat Retention Rating as the basis for the standard rather than the current EPC rating1. The consultation documents link the sector's poorer stock to higher fuel poverty rates, and describe fabric improvements such as insulation as reducing the energy demand needed for a warm home3. For landlords, the questions on a £10,000 cost cap, a 12 month lead in time, loan support and penalties indicate where the cost of compliance would fall, but no decisions have been taken3. For owners of harder-to-treat properties, HEETSA is proposed as a route to a more detailed assessment of what measures suit a particular building, and as possible evidence for an exemption1. Neither consultation outcome changes any current requirement: the rules in force today are unchanged, and the government has not reported decisions on either proposal.
What happens next
Responses to both consultations are being analysed, and the Scottish Government says Ministers will then take decisions on the way forward1. The PRS MEES consultation page states that responses will be analysed and considered along with other available evidence, that there will be a delay of a few months before responses are published, and that an analysis report is usually published some months after a consultation closes3. Separately, the Energy Performance of Buildings (Scotland) Regulations 2025 were laid in the Scottish Parliament on 10 October 2025 and are due to come into force on 31 October 20261.
Sources3 cited
- 1. Overview - Energy Performance of Buildings (Scotland) Regulations 2025 - EPC reform consultations: SG response - gov.scot, gov.scot
- Energy Performance of Buildings (Scotland) Regulations 2025 - EPC reform consultations: SG response - gov.scot, gov.scot
- [Private Rented Sector (PRS) Minimum Energy Efficiency Standard (MEES)