Currently, around 20% of Scotland's carbon emissions can be attributed to heating our homes. The Building (Scotland) Amendment Regulations 2023 governing the installation and use of polluting heating systems in Scotland introduced the New Build Heat Standard ('NBHS'). The NBHS marks a shift in how new buildings, both domestic and non-domestic, will address heating and cooling needs, moving away from fossil fuels towards low-emission solutions. The aim is to reduce environmental impact, promote cleaner air quality and advance public health objectives.

What is the standard?

The NBHS mandates the use of cleaner energy solutions by banning direct emission heating systems, including oil and gas boilers, and bioenergy sources such as wood-burning stoves. As a result, new buildings must adopt 'climate-friendly alternatives' such as heat pumps or heat networks, aligning with efforts to reduce air pollution and promote sustainable energy practices.

When does it apply?

The NBHS applies to building warrants issued from 1 April 2024 for new constructions and certain types of conversions. To comply with the standard, buildings approved under warrants dated 1 April or later must incorporate zero-emission heating and cooling systems. Importantly, there are exceptions to the NBHS. The NBHS is not applicable to builds, modifications or extensions of buildings with warrants issued before 1 April 2024, nor does it encompass industrial process heat, emergency heating, or heating provided for the purpose of frost protection. The installation of direct emission systems under warrants issued prior to 1 April can proceed, provided the warrants remain valid.

Rural concerns

Whilst the overarching goal of the NBHS is to enhance environmental quality and public health, the differential impact on rural communities presents challenges. In many rural areas across Scotland, wood-burning stoves - valued for their traditional, rustic charm and heating efficiency –are relied on and remain an essential source of heat, particularly during power outages which can happen often. Concerns have therefore been raised regarding the feasibility of the NBHS in regions where alternatives may not be as affordable, accessible, or reliable. Facilitating implementation of the NBHS within rural communities may require significant investment to infrastructure in order to accommodate modern heating solutions.

Review

Acknowledging these concerns, the Scottish Government is undertaking a review of the legislation. Climate Action Minister, Gillian Martin, has committed to revising the NBHS to better align with the distinct requirements of both urban and rural environments. The review is intended to respect and incorporate cultural practices, traditions, and sustainable heating systems prevalent in rural communities.

The implementation of the NBHS is undoubtedly a step forward in Scotland's journey towards sustainability, but it is not without complexities. Addressing the diverse needs of Scotland's urban and rural communities requires a nuanced approach, balancing environmental goals with practical realities. Ongoing dialogue between policymakers, industry stakeholders, and communities will be crucial to ensure that the standard reflects the needs of all regions while making Scotland's net-zero ambitions a reality.

Contributors

Ros James

Associate

Milo Bown

Trainee Solicitor