Energy Performance of Buildings (Scotland) Regulations 2025: implications for regulatory compliance in UK health and safety law

Energy Performance of Buildings (Scotland) Regulations 2025: what UK health and safety law changes mean for business compliance

What has changed

The Energy Performance of Buildings (Scotland) Regulations 2025 establish a framework under the Scotland Act for regulating energy performance in buildings. The regulations provide for the approval of organisations and of accreditation schemes under regulations 11 and 12, enabling a formal system to oversee energy performance assessment activities. They come into full force on 31 October 2026, with a partial start on 1 January 2026 to enable the operation of approvals and accreditation schemes.

Who is affected

The changes primarily affect owners and managers of buildings in Scotland, including landlords, developers, asset managers and organisations that provide energy performance assessment services or accreditation. It also involves bodies that may operate accreditation schemes under the new rules. Organisations should monitor who in their supply chain falls within scope and how they engage with approved bodies.

Why this matters for UK health and safety regulation and regulatory compliance

Although the Regulations target energy performance, they sit within the wider spectrum of UK health and safety law and regulatory compliance. Improved building energy performance can contribute to safer, healthier occupancy by reducing risks associated with poor indoor environment, heating and ventilation. For duty holders, the framework creates governance and oversight requirements that interact with existing HSE requirements and management system controls.

Key duties for employers and duty holders

What duty holders should anticipate is an increased emphasis on credible, independently verifiable energy performance governance. In practice, this means engaging with approved accreditation schemes and ensuring that organisations involved in energy performance assessment operate under recognised standards. Where you manage or appoint assessors or service suppliers, you should consider how they are regulated under the new framework and how records will be maintained to demonstrate compliance.

Steps to achieve compliance

1. Identify sites and activities in Scotland that fall within the new energy performance framework.
2. Engage with approved accreditation schemes or bodies once published and recognised under regulations 11 and 12.
3. Establish governance procedures to document energy performance assessment activities and scheme approvals.
4. Align supplier engagement and procurement with the new framework to ensure oversight of energy performance services.
5. Update management systems where relevant, including risk management and governance arrangements to reflect the new regulatory expectations. Consider support from specialists to interpret the framework and implement a compliant approach.

Enforcement and sanctions

The Regulations provide for an enforcement framework to be defined in due course; organisations should prepare for oversight of approved bodies and the potential consequences of non compliance by suppliers or sites. In the meantime, establish clear lines of accountability for energy performance activities and ensure records are kept in a readily auditable form.

Governance and oversight

To align with the new requirements, consider integrating energy performance governance within your existing health and safety management system. Synergos Consultancy can assist with implementing ISO 45001 aligned controls and risk assessment processes that support regulatory compliance across energy performance and safety. For systematic control of workplace risk, see ISO 45001 occupational health and safety management.

Practical implications for risk management

Where changes arise in energy performance expectations, update hazard identification and risk control processes accordingly. Use competent advice to interpret the new regime and ensure that energy performance responsibilities are clearly defined within contractor management and internal policies. You may wish to explore Competent Person support to ensure your arrangements meet regulatory expectations.

Wrap up

The Energy Performance of Buildings (Scotland) Regulations 2025 introduce an important governance layer for building energy compliance in Scotland. By establishing approved accreditation schemes and organisational approvals, the regulations strengthen regulatory compliance and the management of health and safety risks associated with indoor environments and building operations. Timely preparation and engagement with approved bodies will help duty holders demonstrate compliance and support safer, more energy efficient workplaces.