What are the penalties for non-compliance with Section 63?

Regulation 20 identifies Local Authorities as responsible for enforcing the Section 63 regulations. This matches the approach taken on the production of energy performance certificates (EPCs) under the Energy Performance of Buildings (Scotland) Regulations 2008.

Regulations 22 and 24 set out the penalties for failure to provide an Action Plan on sale or rental or failure to complete improvement works within the required timescale. This will result in issue of a penalty charge notice to the owner of the building.

The level of charge for each failure is £1,000 – the same as for failure to provide a valid EPC where one is required for a non-domestic building.

As is the case with the current Energy Performance of Buildings (Scotland) Regulations, building owners may offer defence, seek review or appeal such notices as set out in regulations 23, 25 and 26.

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