To ask the Scottish Executive what type of buildings or their subdivisions are exempt from the requirement to display an energy performance certificate under the Energy Performance of Buildings (Scotland) Regulations 2008.
I have to advise that I am not in a position to interpret the legislation that covers Energy Performance Certificates (EPCs) in Scotland. Interpretation in the first instance is the responsibility of the local authorities and ultimately could be a matter for the courts to decide. I am in a position to provide informal advice on the intention behind the legislation and my response should be viewed with that in mind.
Due to the disparate nature of the public building stock in Scotland, it is not possible to provide a definitive list of exemptions. The Energy Performance of Building (Scotland) Regulations 2008 define a public building as a building with a floor area of more than 1,000m2, which is occupied by a public authority or by an institution providing public services and which can be visited by the public. Guidance on the requirement to display an EPC is given as:
The requirement to display a certificate applies only to buildings which meet all of the following criteria:
the conditioned (heated/cooled) area of the building is over 1,000m2;
the building is occupied by public authorities or provides public services to a large number of persons;
the building is frequently visited, at least weekly, by members of the general public;
the public have a right of access to the building, or parts of the buildings providing services directly to the public, and
public funding, including part funding, is used to operate, for general upkeep, or to fund staff costs.
Examples include colleges, community centres, libraries, hospitals, benefit offices and crematoria.