Scottish Energy Performance Certificate Register Lodgement Fees and Penalty Charges

Closed 28 Mar 2025

Opened 12 Feb 2025

Contact

EPCenquiries@gov.scot

Feedback updated 10 Oct 2025

We asked

We sought views between February and March 2025 on the future funding of key elements of Scotland’s Energy Performance Certificate (EPC) regulatory regime, and on the level of penalty charges, following an initial consultation in July 2023 on wider EPC reform proposals.

The purpose of this consultation was to seek views on a number of key areas relating to the increase in the statutory fee levied on the lodgement of domestic and non-domestic EPCs in Scotland. Questions related to the proposed increase amount (£), the frequency of reviews, and also potential changes relating to penalty charges under the new EPC regulations.

The inclusion of future onsite audit proposals represents a significant step forward in enhancing audit mechanisms to improve the overall quality of EPC assessments undertaken, while also building consumer confidence and supporting potential future mandatory standards around energy efficiency. It will also allow the Scottish Government to continue to align with changes to the EU Energy Performance of Buildings Directive made in 2024, which will require onsite audit of EPCs to be introduced across the EU.

As part of the consultation process we held three, two-hour long, online workshops. These provided an opportunity for stakeholders to engage directly with us. A total of 46 individuals attended these workshops.

You said

We received 29 responses to the consultation: 16 from businesses and other organisations, and 13 from individuals.

The majority (between half to two thirds) of respondents supported proposals to fund key elements of the EPC regulatory regime through a statutory fee levied on the lodgement of EPCs. The responses received to the consultation were, generally, supportive of our intentions to raise existing lodgement fees by £3.40 (for both domestic and non-domestic EPCs). However, some concerns were raised regarding the value of domestic and non-domestic fees aligning (with arguments received for the latter to be higher, predominately due to the size/ time involved in undertaking these type of assessments).

A range of views were expressed by respondents in relation to this proposal. Some were strongly supportive of penalty charges and increasing these in some or all circumstances. Others were against or ambivalent about the prospect of increasing penalty charge levels. Some were against the use of penalty charges at all (typically individuals). Mixed opinions were also expressed by the same respondents.

Generally, respondents did not specify the exact amounts they thought the penalty charges should be set at/increased to. While a few suggested they should be higher than the current level, others simply advised that the levels needed to be sufficiently high enough to act as an effective deterrent.

We did

In response to the technical consultation on EPC lodgement fees and penalty charges, we can now confirm that we believe our proposals represent an appropriate and proportionate approach. We will therefore:

  • Amend EPC lodgement fees within the regulations (to £6.00 for domestic certificates and £15.50 for non-domestic certificates), to ensure that they can cover the costs of providing the technical and operational infrastructure to support the EPC regulations and which provide benefit to consumers;
  • Use the lodgement fees to support the development and delivery of a new EPC Register, a new EPC calculation methodology (the Home Energy Model and updated SBEM), and to support the establishment of a new onsite audit and inspection function within the Scottish Government to oversee improvements to EPC accuracy and reliability;
  • Retain EPC penalty charges at the level currently set in the 2008 Regulations;
  • Review lodgement fee and penalty charge levels within two years of regulations coming into force to ensure they remain fair and proportionate; and
  • Review the onsite audit and inspection function within two years to see if it is fit for purpose and continues to be needed.

The changes to lodgement fees will be introduced through the Energy Performance of Buildings (Scotland) Regulations 2025.

Overview

This technical consultation builds upon previous Scottish Government consultations on EPC (Energy Performance Certificate) Reform in 2021 and 2023. The Scottish Government has issued its response to the 2023 consultation in January 2025, which sets out our final decisions on EPC Reform prior to laying new EPC Regulations in Parliament later during 2025. We plan to bring the new Regulations into force in the second half of 2026, to align with the introduction of the UK Home Energy Model Calculation Methodology. 

Statutory lodgement fees and penalty charges form part of the EPC Regulations and need to, respectively, reflect the costs incurred in running the technical and operational functions of the regulatory system, and act as a sufficient deterrent for any breach of the Regulations.

We are proposing changes to how some existing functions will be exercised, how they can be enhanced, and need to cover the costs of replacing life-expired technical infrastructure around the EPC Register and Calculation Methodology. This consultation sets out how we propose these can be covered by lodgement fees. This will be the first time the Scottish Government has consulted on lodgement fee levels since 2017.

We also want to ensure that the level of penalty charges is correct given that these have not been reviewed since 2009.

This technical consultation will, therefore, inform final decisions on the level of EPC lodgement fees and penalty charges to be set out in the new Regulations. The purpose of this technical consultation is to:

  • set out the Scottish Government’s intended lodgement fee levels for reformed domestic and non-domestic Energy Performance Certificates when new Regulations are brought into force during 2026, and to seek stakeholder views on this
  • seek stakeholder views on the level of penalty charges to be imposed for non-compliance with the new Regulations
  • finalise consultation upon EPC Reform ahead of laying the new Regulations during 2025

Read the consultation paper. The consultation paper contains full background information for this consultation. You may find it useful to read or refer to while responding.

Events

EPC Reform Workshop 1

03 March 2025, 10am-12pm
An online session for those interested in discussing our ongoing work on EPC Reform. Please sign up here: EPC Reform Workshop 1

EPC Reform Workshop 2

10 March 2025, 2pm-4pm
An online session for those interested in discussing our ongoing work on EPC Reform. Please sign up here: EPC Reform Workshop 2

EPC Reform: Workshop 3

13 March, 11am-1pm
An online session for those interested in discussing our ongoing work on EPC Reform. Please sign up here: EPC Reform: Workshop 3

 

Useful information about responding to this consultation

As you complete your response, each page will provide the option to 'Save and come back later' at the bottom. This means you can save your progress and return to the consultation at any time before it closes. If you don't use this feature and leave the consultation midway through, your response will be lost.

Once you have submitted your response, you can enter your email address to get a pdf copy of your answers sent to you.

On the 'About You' page at the end of this consultation, organisations will have the opportunity to tell us more about their work and/or how their response was informed.

After the consultation has closed there will be a few months delay before any responses are published. This is because we must check any responses to be published abide by our Terms of Use.

An analysis report will usually be published some months after the consultation has closed. This report will summarise the findings based on all responses submitted. It will be published on the Scottish Government website and you may be notified about it if you choose to share your email address with us. You can also join our consulation mailing list where we regularly list newly published analysis reports (as well as new consultations).

Why your views matter

Consultation is an essential part of the policymaking process. It gives us the opportunity to consider your opinion and expertise on a proposed area of work.

You can find all our consultations online. 

Responses will be analysed and used as part of the decision-making process, along with a range of other available information and evidence. We will publish a report of this analysis for every consultation. Depending on the nature of the consultation exercise the responses received may:

  • indicate the need for policy development or review
  • inform the development of a particular policy
  • help decisions to be made between alternative policy proposals
  • be used to finalise legislation before it is implemented

While details of particular circumstances described in a response to a consultation exercise may usefully inform the policy process, consultation exercises cannot address individual concerns and comments, which should be directed to the relevant public body.

Events

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