Scottish building regulations set minimum standards applicable to new buildings and to new work to existing buildings.

This consultation is the first of two which will consider the technical, commercial and wider policy implications of improvements to building regulations in the context of broader action by the Scottish Government on climate change, to further our ambition of becoming a net-zero society by 2045.

In December 2022 the then Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights confirmed that, in response to Alex Rowley MSP’s Proposed Domestic Building Environmental Standards (Scotland) Bill, the Scottish Government would make subordinate legislation by 14 December 2024 to give effect to Mr Rowley’s final proposal. The proposal was “to introduce new minimum environmental design standards for all new build housing to meet a Scottish equivalent to the Passivhaus standard, in order to improve energy efficiency and thermal performance”.

To fulfil this commitment, a further review of energy standards within building regulations was commenced at the beginning of 2023 to consider further improvements to the standards and processes set within The Building (Scotland) Regulations 2004 (as amended) and associated regulations with a focus on two outcomes:

• improvements to the setting of energy and environmental (ventilation) performance standards for new buildings, leading to lower energy demand (and reduced running costs) and a healthy indoor environment 
• improvements to the design and construction process to give greater assurance that compliance, and therefore the performance sought, is delivered in practice

In June 2023 an industry working group was convened with a role to offer advice and expertise to the Scottish Government to help define how an equivalent to the Passivhaus standard will look in Scotland.

Read more information on the review process to date. 

This stage 1 consultation seeks views on the form and approach that a Scottish equivalent to the Passivhaus standard, implemented through building regulations, should adopt. It also seeks information on the implementation of the 2023 energy standards to inform the development of a stage 2 consultation in 2025, which will set out the details of proposed new standards or performance targets.

It is the intention to continue development of proposals during and following the consultation period. Further information on this work and of any consultation events will be published here and on the review webpage in due course.

Read the consultation paper.

The consultation paper contains full background information for this consultation. We would encourage you to read or refer to it while responding.

Why your views matter

Changes to building regulations apply at a national level to all new buildings and relevant new building work across Scotland.

Energy standards within building regulations were most recently improved in February 2023. In April 2024, the New Build Heat Standard was also implemented through building regulations meaning that all new buildings must no longer use ‘direct emission heating systems’ for space or water heating or cooling. We recognise that industry is still in the process of responding to these recent changes.

We are therefore seeking your views and evidence of the challenges and opportunities that are likely to be experienced as we look to define a Scottish equivalent to the Passivhaus standard, to determine what further beneficial change can be set out for our new buildings and delivered in practice. The consultation document sets out the proposed delivery timetable beyond December 2024.