The regulations apply from 1 September 2016 to buildings in Scotland.
Initially Section 63 Action Plans will only be required for larger buildings; those with a floor area of more than 1,000 m². The requirement is triggered by either sale or by lease to a new tenant.
Generally, owners of such buildings are also required to provide a valid Energy Performance Certificate (EPC) in such situations We would advise clients to ensure that the assessor whose services they contract is capable of producing both the EPC and a Section 63 Action Plan if required, otherwise additional expenses may be incurred.
Buildings that meet energy standards equivalent to those introduced by the 2002 building regulations in Scotland or are already improved via a Green Deal funding agreement are exempted from the regulations.