Regulation 2 Interpretation

In these Regulations—

• “the 2008 Regulations” means the Energy Performance of Buildings (Scotland) Regulations 2008^f1,

• “accreditation scheme” means a scheme approved by the Scottish Ministers in accordance with regulation 12,

• “approved methodology” means a methodology approved by the Scottish Ministers under regulation 10,

• “approved organisation” has the meaning given in regulation 11(1),

• “assessment data” means any information in respect of the energy performance of a building or building unit collected during an energy assessment, whether or not that information is entered on a register, held by an approved organisation, energy assessor or the keeper,

• “bioenergy heating or peat heating system” has the same meaning as in paragraph 6.11 of schedule 5 of the Building (Scotland) Regulations 2004^f2,

• “building unit” means part of a building that is designed or altered to be used separately,

• “constructed” means, in respect of a building, when building works for the construction of the building have been completed,

• “developer” has the meaning given in regulation 6(2),

• “domestic property” is a building or building unit occupied as a dwelling, or, if not occupied, intended to be occupied as a dwelling,

• “direct emissions rating” means, in respect of a building or building unit, a rating of both the current and potential emissions resulting from the normal use of the building or building unit assessed and expressed in accordance with an approved methodology,

• “dwelling” has the same meaning as in regulation 2 (interpretation) of the Building (Scotland) Regulations 2004,

• “emissions” means greenhouse gas emissions,

• “energy assessment” means an assessment of the energy performance of a building or building unit and includes the preparation and issuing of energy performance certificates and property reports and the carrying out of any inspections undertaken for the purposes of preparing energy performance certificates or property reports,

• “energy assessor” means an individual who is a member of an accreditation scheme,

• “energy cost rating” in respect of a building or building unit, means a rating of the estimated current and potential annual cost of energy used by the normal use of the building or building unit assessed and expressed in accordance with an approved methodology,

• “energy performance” in relation to a building or building unit includes its energy usage, energy efficiency and greenhouse gas emissions,

• “energy performance certificate” means a certificate which complies with regulation 8,

• “energy performance data” means information needed to produce an energy performance certificate or a property report and, for the purposes of regulations 16 and 18 to 20, includes the report reference number relating to that energy performance certificate,

• “energy performance indicators” means—

  1. (a)

     in respect of a domestic property, the heat retention rating, the heating system rating and the energy cost rating for that property,

  2. (b)

     in respect of a non-domestic property, the energy performance rating, the energy use rating and the direct emissions rating for that property,

• “energy performance rating” means, in respect of a building or building unit, a rating of the current and potential emissions resulting from the normal use of the building or building unit assessed and expressed in accordance with an approved methodology,

• “energy use rating” means, in respect of a building or building unit, a rating of the current and potential demand for energy for the normal use of the building or building unit assessed and expressed in accordance with an approved methodology,

• “enforcement authority” has the meaning given in regulation 21(1),

• “excluded building” means—

  1. (a)

     a building or building unit owned, occupied or used from time to time by any of the naval, military or air forces of the Crown, the Security Service, the Secret Intelligence Service, the Government Communications Headquarters or the Royal Family, or

  2. (b)

     a building or building unit used for the purpose of a prison or a young offenders institution (within the meaning of section 19(1)(b) of the Prisons (Scotland) Act 1989^f3),

• “greenhouse gas” has the same meaning as in section 10 of the Climate Change (Scotland) Act 2009^f4,

• “heat network” has the same meaning as in section 1 of the Heat Networks (Scotland) Act 2021^f5,

• “heat network zone” has the same meaning as in Part 3 of the Heat Networks (Scotland) Act 2021,

• “heat retention rating” means, in respect of a building or building unit, a rating of both the current and potential energy performance of the fabric of the building or building unit assessed and expressed in accordance with an approved methodology,

• “heating system rating” means, in respect of a building or building unit, a rating which, in accordance with an approved methodology, assesses and expresses both the current and potential—

  1. (a)

     level of emissions likely to be produced by the normal operation of the main heating system of the building or building unit, and

  2. (b)

     efficiency of the main heating system of the building or building unit,

• “indicator of primary energy use” means, in respect of a building or building unit, an indicator of the estimated primary energy used annually by the normal use of the building or building calculated and expressed in accordance with an approved methodology,

• “keeper”, in respect of a register, has the meaning given in regulation 14,

• “main heating system” in relation to a building or building unit, means the heating or hot water service system designed and installed to be the means by which the demand for space heating and hot water is met during normal use of the building or building unit,

• “newly constructed property” means a property which has been constructed but is yet to be occupied,

• “non-domestic property” means a building or building unit that is occupied other than as a dwelling, or, if not occupied, is not intended to be occupied as a dwelling,

• “owner” means—

  1. (a)

     in respect of a building or building unit which is to be let, the prospective landlord,

  2. (b)

     in any other case, a person who has right to the building or building unit whether or not that person has completed title, but if, in relation to the building or building unit more than one person comes within that description of owner, then “owner” means such person as has most recently acquired such right,

• “primary energy” means energy which has not undergone any conversion or transformation process,

• “property report” has the meaning given in regulation 9,

• “prospective buyer” and “prospective tenant” have the meanings given in regulation 3,

• “register” means a register maintained in accordance with regulation 14,

• “relevant date” has the meaning given in regulation 6(2),

• “report reference number” means the unique reference under which the energy performance data relating to an energy performance certificate for a building or building unit is entered onto the register.

Where there is a requirement under these Regulations to refer to a type of heating system, this is to be by making reference to a broad category of heating system which has a commonality in respect of the fuel used or the nature of the technology, for example “gas boiler”, “air source heat pump”, “electric storage heating”, “bioenergy or peat heating system”, “heat network”.