Response 419699315

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Part 1 - Setting the energy efficiency standard for owner-occupied housing

1. Do you agree or disagree that there should be a legally-binding energy efficiency standard for owner-occupied housing?

Please select one item
Agree
Disagree
Please explain your view.
To get anyone to change you need a carrot & a stick, making it legally-binding will act as the stick, but you must also have a carrot.

2. Do you agree or disagree that EPC Energy Efficiency Rating band C is the appropriate standard to use?

Please select one item
Agree
Disagree
Please explain your view.
Anything less than Band C would not reduce CO2 emissions.

3. What are your views on the “fabric first” approach?

Fabric first is the best starting point, there is no point having low carbon heating in a poorly insulated & draughty house.

4. In your view, how can we ensure that when EPCs are used to determine compliance with the standard, they are robust and not easily open to misuse?

Please explain your view.
The professionals issuing EPCs must be part of regulated profession such as the RICS and being working to clear standards.

5. Do you think the standard should be fixed, or should it be subject to periodic review and change over time?

Please explain your view.
The standard should be reviewed say 5-years into the new system to see if it works and if it is feasible to go up to Band B as a new standard.

6. Do you agree or disagree that 2024 is the right start date for the mandatory standard to start operating?

Please select one item
Agree
Disagree
Please explain your view.
Yes providing Homeowners, Estate Agents, Mortgage Providers and the Construction Industry know for certain by 2021 that these new rules will be enforced from 2024 to give them time to gear-up for such a huge change.

7. Do you agree or disagree with point of sale as an appropriate trigger point for a property to meet the legally-binding standard?

Please select one item
Agree
Disagree
Please explain your view.
It is probably the only feasible trigger point as many Homeowners may not be able to get access to the funds to upgrade their property but may accept a 'hit' on the selling price equal to the cost of upgrading its energy efficiency.

However, it is crucial that inherited property is excluded.

8. Do you agree or disagree that responsibility for meeting the standard should pass to the buyer if the standard is not already met at point of sale, as described above?

Please select one item
Agree
Disagree
Please explain your views and give any evidence you have, whether you agree or disagree.
As noted above, the Homeowner may not be able to afford the work but may accept a reduced price for the property in turn leaving the Buyer with spare funds to upgrade the house before moving in.

Also inherited property must be excluded.

9. What, if any, unintended consequences do you think could happen as a result of these proposals? For example, any positive or negative effects on the house sales market.

The value of all property at EPC Band D and below will be reduced in value equal to the cost of upgrading them to Band C.

In the period between announcing the new laws and enforcement in 2024 it may be difficult to get a mortgage on a house at Band D and below due to the likely hit in value at 2024 if the purchaser defaults and the bank need to sell the property.

There is already a skills shortage in the Construction Industry and any increased demand for home improvements will stretch the industry, leading to higher prices and the possible entry of rogue traders & cowboys into the market.

10. Do you agree or disagree with point of major renovation as an appropriate trigger point for a property to meet the legally-binding standard?

Please select one item
Agree
Disagree
Please explain your view.
If someone is going to carry out a major renovation, improving energy efficiency would be a 'must-do' so having a target at Band C is sensible and easily enforced at the time a Building Warrant is requested through Building Control.

11. What is your view on how “major renovation” should be defined? Should the Energy Performance of Buildings Directive definition, as described in Annex B, be used?

Please explain your view.
Major renovation should be defined as work costing more than 25% of the value of the property.

12. How could a requirement to meet the energy efficiency standard at point of major renovation be checked and enforced?

All major renovations should be subject to Building Warrant and the proposals would be vetted by Building Control for compliance.
The Council's Building Control department.

13. What do you think would be a fair and appropriate method to ensure compliance, if the legally-binding standard is not met? What type of penalty system would be appropriate?

Please explain your view.
The Council Tax on any property that should have been upgraded at point of sale or major renovation should be doubled, until the promised work is completed.

14. Should a penalty for failing to comply with the standard be one-off or recurring?

It should be recurring until the standard is met, as it only applies at two trigger points when the purchaser (point of sale) or homeowner (major renovation) have promised to carry out certain energy efficiency works but have failed to do so. The works were not forced on them, they have choices (i.e. not to buy a house and not to proceed with major renovations).

15. At what level, approximately, should any penalty be set?

The Council Tax could be double for a property that does not meet the standard.

16. Are there any particular groups of people who could be adversely affected, more than others, by enforcement processes and charges?

Yes, people who are forced to sell their property to pay off debts but find they cannot recover enough from the sale as the property is devalued by a sum equal to the cost of energy efficiency works; leaving them with a remaining debt or defaulting and having a poor credit rating.

17. Which body or bodies should check if the standard has been complied with at the trigger point, and should be responsible for levying any penalty?

The Council's Building Control and should check compliance and Councils finance department should be enforcing the penalty.

18. Considering the information set out in the consultation document, specifically Part One and in Annex D, what are your views on the best way to approach cost effectiveness, taking into account the trade-offs between how easy to understand and how sophisticated different definitions are, and how the different definitions might affect the number of homes that actually achieve the EPC C standard?

If the full cost of upgrading to Band C is more than 15% of the value of the property it should be considered unviable and be exempt form the point of sale trigger-point, but not the major renovation trigger-point; major renovations must include upgrading to Band C, if upgrading to Band C as part of a major renovation is unfeasible maybe the property should be demolished.

19. Other than technical feasibility and cost effectiveness, are there any other reasons why a homeowner may not be able to bring their property up to EPC C at point of sale or renovation, and would need to be given an exemption or abeyance? (For example, difficulties of getting permission from other owners for common parts of buildings.)

Please explain your view.
Don't know, but the law should assume permission will be given from owners of common parts of buildings unless these owners have justifiable reasons for withholding permission.

20. Do you agree or disagree that, even if a property can’t fully meet the standard, it should be required to get as close as possible to it?

Please select one item
Agree
Disagree
Please explain your view.
No, 'as close as possible' is a vague position and may be used by unscrupulous people to do less to a property that could easily be upgraded to Band C. Furthermore, it would be difficult to enforce leading to arguments between authorities and purchasers/homeowners regarding whether or not a property can be upgraded.

21. Do you agree or disagree that any exemptions or abeyances from the standard should be time-limited?

Please select one item
Agree
Disagree
Please explain your view.
There should be no abeyances, either the work is feasible or it is not. Any exemptions should be permanent for a property that clearly will never be upgraded.

22. Which body or bodies should take decisions about granting abeyances? Should this be done at a local level or centrally at a national level?

If abeyances are part of the legislation then this must be left to the local Council officials who will have good local knowledge and a better understanding of local circumstances; this also gives scope of disputes to be adjudicated by a national Ombudsman in Edinburgh.

Part 2 - Helping homeowners to meet the energy efficiency standard

23. The Short Life Working Group (SLWG) on Assessment propose that any new assessment regime should exist on two levels, comprising both a mandatory asset-based assessment and an optional occupancy-based assessment. What are your views on this approach? Do you agree that an occupancy assessment should be optional? Are there specific inputs that should be included in both?

Please explain your view.
I think any new legislation must be kept simple and efficient to enforce, so having a mandatory asset-based assessment would be adequate.

24. The SLWG on Assessment propose that the output of the assessment should be a report with tailored recommendations that set a clear pathway to both regulatory compliance (i.e. EPC band C) and zero carbon. There are conflicts between meeting the EPC rating and zero carbon. What are your views on how this can be handled/mitigated?

Please explain your view.
The report and procedures should be simple to understand and stick with just focusing on a pathway to meeting Band C. Recommendations can be made regarding achieving zero carbon so purchasers/homeowners can go further if they want.

25. The new assessment proposals from the SLWG on Assessment include more of an advisory role for the assessor. What are your views on the additional skills and training required to deliver this role? Are existing Domestic Energy Assessors best placed to provide the tailored recommendations? What risks and conflicts do you foresee and how would you propose to mitigate them?

Please explain your view.
Don't know - this is best answered by professional construction consultants (Surveyors, Architects & Service Engineers). Perhaps a formal qualification in assessing and advising on energy efficiency measures should be established in the 3-years prior implementation so there are sufficient numbers of qualified people ready to give sound advice in 2024.

26. The SLWG on Assessment propose that the tailored recommendations to improve energy efficiency and achieve zero carbon should consider the legal designation of buildings, obvious defects or condition issues, and local costings. Do you foresee any liability issues in this approach and if so, what suggestions do you have to mitigate them? Do you believe the inclusion of local costings to be practical and what are your thoughts on what level should be considered ‘local’? Should the local cost of energy also be considered?

Please explain your view.
Local costings are the only fair method, due to the likely variation in price between city centres and remote rural areas.

27. The SLWG on Assessment propose that the assessment should provide a theoretical indication of whether recommendations are technically feasible. Please provide your views on who should determine actual technical feasibility? Should this be a qualified installer or someone else?

Please explain your view.
As technical feasibility is a practical issue the Qualified Installer is best placed to determine if the work is technically feasible.

28. In your view, what are the most important considerations for homeowners who are required to meet the legally-binding standard, in relation to skills, supply chain, consumer protection and quality assurance?

Please explain your view.
The advice must be provided by a qualified person backed-up with Professional Indemnity insurance. The installation must be carried out by competent tradespeople and any heating systems must have 10-year guarantee. If the Installers are required to have lots of accreditations and QA. this may restrict consumer choice, in turn driving-up prices, and deny competent local SMEs valuable business.

29. What are your views on how the Quality, Skills and Consumer Protection SLWG recommendations specifically have an impact on the owner occupied sector?

Please explain your view.
If the requirements for Installers are too onerous for SMEs, it will only leave a small number of large companies carrying out the work; thus reducing competition and driving up prices. Furthermore, it may be impossible to get such companies to carry out energy efficiency works in remote rural locations.

30. In your opinion, is this the right range of Scottish Government financial support schemes? Are there any gaps, regarding either types of financial product or groups of people who may be excluded from being able to access products?

Please explain your view.
The financial support schemes seem fine. It may be worth considering fully funding the consultants report and recommendations, as homeowners may decide to carry out upgrades themselves once they see the consultants report regarding of the trigger-points.

All energy efficiency works must be exempt from VAT, to ensure the works are as feasible and affordable as possible.

31. Do you agree or disagree that grant funding from the public purse should be focused on households who are vulnerable or in fuel poverty?

Please select one item
Agree
Disagree
Please explain your view.
Cutting CO2 emissions benefits the entire planet, leaving some poor households behind will miss the bigger picture regarding global warming.

32. In your opinion, what sources of non-government, private sector support are people most likely to want to access? (eg from banks, building societies, credit unions, mortgage providers)

Please explain your view.
Their own bank.

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