The Scottish Government has laid a draft of the Energy Performance of Buildings (Scotland) Regulations 2025 before the Scottish Parliament, according to draft Explanatory Notes published on 18 November 20251. The notes state that the draft regulations are the proposed replacement for the existing Energy Performance of Buildings (Scotland) Regulations, and that a draft of the replacement "was laid before the Scottish Parliament in autumn 2025"1.
The notes accompany a separate draft Bill, the Buildings (Heating and Energy Performance) and Heat Networks (Scotland) Bill, which is divided into 4 Parts "consisting of 18 sections and 2 schedules"1. Part 2 of that Bill would give the Scottish Ministers a regulation-making power to "set minimum energy performance standards for buildings in which direct emission heating systems are used"1. In that context, "a building's 'energy performance' includes its energy use, energy efficiency and greenhouse gas emissions"1. Rather than create a new assessment system, the notes say ministers may use an existing one, including the current regulations or their proposed 2025 replacement1.
Part 1 of the draft Bill would set a heat decarbonisation target: that "by the end of the year 2045", as far as reasonably practicable, "no direct emission heating system is used in any building in Scotland"1. The notes describe the target as completing the transition from heating systems that emit greenhouse gases, such as gas and oil boilers, to alternatives such as heat pumps or low carbon heat networks1. The Scottish Ministers "can make regulations to change the target year of 2045", to exclude certain types of building, or to make additional provision about the target1.
Part 3 concerns heat networks and would give ministers powers to regulate heat network zones and set up a licensing regime for rights over land connected with installing and maintaining heat networks1. The notes state that the Heat Networks (Scotland) Act 2021 "will regulate most heat networks from January 2026"1.
"This section requires the Scottish Ministers to prepare a strategy for meeting the heat decarbonisation target"
The notes set out a reporting cycle: "Every 5 years, the Scottish Ministers must either update the strategy" or publish a statement explaining why not, and "every 5 years, to report on the progress being made"1. Each report "must be prepared within 12 months after the end of the 5-year reporting period"1. The notes state that energy performance regulations "may not be commenced ... until at least 12 months after they are made", and that they may provide for "a civil penalty up to a maximum of £15,000"1. Zone regulations could apply "to the whole of Scotland or only to some areas", designated because they are "particularly suitable for the construction and operation of a heat network"1.
Why it matters for households
The draft Bill and the replacement EPC regulations sit within energy and buildings policy in Scotland, where building standards, heat and energy performance are devolved. For a household, the practical link is the assessment system: the notes say ministers may use the current regulations or their proposed 2025 replacement to assess energy performance, and may require owners of buildings that do not meet a minimum standard to improve them1. The 2045 target concerns the heating system installed in a building rather than the household's tariff, so it bears on a home's energy independence through the fuel it uses for heat. The notes acknowledge that for some buildings, including traditional or listed buildings, the transition may not be achievable, and list factors ministers may weigh, including whether alternative heating systems are available, whether qualified people can install them, how suitable and affordable they are, and whether building alterations or third-party consent such as planning or listed building consent would be needed1. The notes do not set out what standards would apply to individual homes, and no minimum standard figures have been reported1.
What happens next
The notes state that the draft regulations were laid before the Scottish Parliament in autumn 20251. Energy performance regulations and regulations changing the 2045 target year would be subject to the affirmative procedure1. Before making zone regulations, "the Scottish Ministers must consult each local authority and anyone else they consider appropriate"1. The notes state that the Heat Networks (Scotland) Act 2021 "will regulate most heat networks from January 2026"1. No commencement date for the draft Bill's provisions has been reported1.
Sources1 cited
- Explanatory Notes, gov.scot