Regular readers will remember our previous article on Alex Rowley MSP's private member’s bill to deliver a Scottish equivalent of the Passivhaus Standard for new build homes, with the aim of improving energy efficiency and thermal performance.

In December 2022, the Scottish Government committed to taking forward the proposals and following consultation on the form and approach that a Scottish equivalent to the Passivhaus standard, should take.

The Building (Procedure) (Scotland) Regulations 2024 introduced regulations to submit design and construction stage compliance statements on specific energy and environmental standards. The timeframe for those regulations coming into force was 31 March 2028 to give the construction sector time to prepare for the changes..

Developing the required supporting guidance and assessment tools has taken longer than the Scottish Government originally anticipated, with the guidance and approved methodologies now expected to be published in Autumn 2027. Consequently, the implementation date has been pushed back from March 2028 to Autumn 2029.

The Scottish Government acknowledges that in order to accelerate housing delivery, any new regulatory requirements must be practicable and achievable, helping to deliver high-quality energy efficient homes at pace to address the housing emergency, as well as working towards its 2045 Net Zero target, 2040 Fuel Poverty targets and 2030 Child Poverty targets. It has therefore launched a stage two consultation seeking views on proposed energy and environmental performance targets for the new standard and on proposals for an enhanced compliance process, including guidance to support the requirement to submit energy and environmental design and construction statements.

The Consultation Paper presents more detailed proposals on how a Scottish equivalent of the Passivhaus standard can be embedded within building regulations and guidance, setting out technical requirements, performance metrics and compliance processes with the intention to deliver:

  • improvements to the setting of energy performance and ventilation standards for new buildings leading to lower energy demand and reduced running costs;
  • improvements to design and construction processes to give certainty to compliance and performance delivery in practice; and
  • action, at a national level, reflecting the needs of the building users and policies around climate change, energy and the built environment.

Among the proposals under consultation are:

  • Greater emphasis on energy efficiency, with more emphasis on the building fabric as opposed to the heating and ventilation systems;
  • Setting target ranges for energy efficiency for individual homes according to specific factors to provide consistency in energy performance targets;
  • Greater focus on airtightness and construction quality to reduce unwanted heat loss
  • Certification of Passivhaus buildings.

The paper makes it clear that the Scottish Government’s intent is to introduce a standard that strikes the right balance between improved performance and deliverability, and that it will continue to work closely with industry, local authorities, professional bodies and the public to achieve this within a pragmatic delivery timeline.

The consultation is open for comment until 16 October 2026.

Contributor

Fiona Dromgoole

Legal Director