Energy Performance Certificates: Minimum Standards

S6W-06372: Liam Kerr, North East Scotland, Scottish Conservative and Unionist Party, Date Lodged: 08/02/2022

To ask the Scottish Government whether all short-term holiday let properties will be required to have an EPC rating of C or above by 2025; whether any short-term holiday let properties that do not meet an EPC rating of C or above by the deadline will, as a result, no longer be permitted to be let, and, if so, what it anticipates the financial impact will be on the Scottish tourism industry.

Answered by Patrick Harvie (01/03/2022): The Heat in Buildings Strategy confirms our intention to introduce, subject to consultation, regulations requiring Scotland’s homes to meet EPC Band C equivalent, where that is technically feasible and cost effective from 2025 onwards, with a range of backstop dates from 2028 to 2033. We plan to consult during 2022 on our proposals for such regulations, and this will include details of any exemptions, definitions of properties in scope, and matters relating to compliance.

S6W-06713: Liam Kerr, North East Scotland, Scottish Conservative and Unionist Party, Date Lodged: 22/02/2022

To ask the Scottish Government, in the event that a short-term holiday let is not of an energy performance certificate (EPC) rating of C or better by the required date in 2025, whether it is required to immediately cease being offered as a short-term holiday let or any other tenancy, and what penalty will be applied in the event that the lessor continues to market the property as a short-term holiday let or other type of tenancy.

Answered by Patrick Harvie (01/03/2022): The Heat in Buildings Strategy confirms our intention to introduce, subject to consultation, regulations requiring Scotland’s homes to meet EPC Band C equivalent, where that is technically feasible and cost effective from 2025 onwards, with a range of backstop dates from 2028 to 2033. We plan to consult during 2022 on our proposals for such regulations, and this will include details of any exemptions, definitions of properties in scope, and matters relating to compliance.

S6W-06714: Liam Kerr, North East Scotland, Scottish Conservative and Unionist Party, Date Lodged: 22/02/2022

To ask the Scottish Government how many short-term holiday let properties it estimates will not have achieved a minimum energy performance certificate (EPC) rating of C or better by the required date in 2025, and what financial and commercial impact it estimates removing that number of properties from the market will have.

Answered by Patrick Harvie (01/03/2022): The information requested is not held centrally.

Ahead of the introduction of any legislation on minimum energy performance standards, the Scottish Government will undertake a suite of impact assessments on its proposals, which will have been informed by consultation to be undertaken over the next year. These impact assessments will enable any mitigating actions to be considered.

Ditch Self-Catering Control Area to Save Festival City, Ministers Told

A group of prominent business leaders and small business owners have urged the Scottish Government to reject a cumbersome and restrictive city-wide control area on short-term lets in Edinburgh.

In a letter to Cabinet Secretary for Social Justice, Housing, and Local Government, Shona Robinson, which has attracted 44 signatories from across the sector, the businesses stress the damaging impact the new measure will have on Edinburgh’s Covid-19 recovery and the damage it is set to inflict on the city’s diverse, world-leading tourism offering.

The letter goes on to implore the Scottish Government to consider Edinburgh’s unique position as a festival city, leading tourism destination, and business centre.

In a passionate plea to ministers, the group also warns that the decision will bring hugely damaging unintended consequences for the city’s economy, threatening jobs throughout the wider supply chain and depriving small business owners of their livelihoods.

Drawing on evidence submitted by the Association of Scotland’s Self-Caterers (ASSC) to Edinburgh Council, the letter additionally points out that the policy misunderstands the nature of self-catering businesses in Edinburgh, will bring additional pressure on a council budget already stretched to breaking point, and fails to take a holistic view of the housing challenges currently faced by residents in the capital.

The ASSC, and its valued colleagues across the sector, have continually warned against overly restrictive and heavy-handed measures being taken against the sector which contributes around £70m to the Edinburgh economy each year.

In addition to the Cabinet Secretary, the letter has also been sent to Cabinet Secretary for Finance and the Economy, Kate Forbes, Minister for Public Finance, Planning and Community Wealth, Tom Arthur, and Minister for Tourism, Ivan McKee.

Association of Scotland’s Self-Caterers Chief Executive, Fiona Campbell, said:

“Edinburgh’s self-caterers play a key role in ensuring that the city maintains its position as a world-leading destination for tourists and this excessive measure threatens that with extinction.

“Rather than biting the bullet and building more homes, this measure targets an important sector in the economy and will have massive negative ramifications while doing nothing to increase the availability of homes.

“It is for this, and the other reasons highlighted in this letter, that we are calling on the Scottish Government to see sense, back small business, and reach a sensible, pragmatic, and fair solution that works for all.”

Daniel and Sarah Noon said:

“Our inability to operate as a SLT would have a major Impact on us as a family.

“We are a couple with a young baby aged four months and we rely heavily on the business to support ourselves.

Antonia Allan said:

“I have a one bedroom flat in Stockbridge. It has its own front door and is in a sparsely populated mews.

“We have never had any complaints from the neighbours about our guests and we have never had any antisocial guests – just quiet couples enjoying the benefits of reasonable self-catering accommodation.

“If we are refused planning and have to cease to operate it will be devastating for me.

Eddie Harper, Harper’s Concierge Services Limited said:

Our business relies on approximately 90% of properties within shared stairs, and the new planning requirement along with licensing means we would likely close down.

“This will result in three direct job losses, along with at least 25 cleaning and laundry support staff losing income and potentially going out of business, as they all rely on our existence for their own business.”

ENDS

Read the letter to Ministers: Letter to Scottish Government Edinburgh PCA 010322

Read the Response from Ministers: Response from Tom Arthur

Read the Response from Shona Robison: Response from Shona Robison

List of supporting businesses:

  • Association of Scotland’s Self-Caterers, Fiona Campbell, Chief Executive
  • At Home In Edinburgh, Rick & Vicky McCann
  • BNB Property Services, Wojtek Maslanka
  • Bonjour Residences, Fan Zhang, Managing Director
  • Bookster, Robin Morris, Director
  • Calton Hill, Philip Moet, Owner
  • Castle Heights, Danielle Birkett
  • Cozy with Character, Apartments with Soul, Daniela Nolte, Managing Director
  • Dunc & Dees, Duncan & Daniela Forbes
  • Dickins, Louise Dickins, Managing Director
  • Edinburgh Getaways, Lea O’Connor, Owner/Operator
  • Edinburgh Heart Hosting Homes Ltd, Raffaele, Luigi and Stefano, Directors
  • Edinburgh Homes Ltd, Marta Kawale
  • Edinburgh Property Hub, Shaban Mohammed, Owner / Manager
  • Edinburgh SC (Self Catering) Ltd, Glenn Ford
  • Edlets.com, Alison Ro, Owner/Directorgers
  • Evergreen Property Ltd, Barry Burton
  • Gorgie Property Management Ltd, Joseph Kellie, Owner/director
  • Grassdrum Management Ltd, Ben Powell
  • HandyHouses, Pamela Johnston, Owner
  • Harper’s Concierge Services Ltd, Eddie Harper
  • Heritage City Lets Ltd, Melanie Angus, Director
  • Holiday let’s Assist, Scott Zelenka, Partner
  • InnerCityLets, Jon Anderson, Owner / Manager
  • InterC Consultancy Partners Ltd, C Soccal, Director
  • J5 Developments Ltd / Platinum Serviced Apartments, John Jacobs, Owner
  • Landlord’s Little Helper Ltd, Jen Burton, Owner/Director
  • Millie’s Lets, Moira Baverstock, Owner / Sole Trader
  • MR Properties Ltd, Michael Russell Owner/Director
  • Murphy’s Place – The Hopetoun St Apt, Adele Murphy
  • North Berwick Getaway, John O’ Brien, Owner
  • P and A Developments, Angus Neilson, Owner/Director
  • Property Shapers, Karen Di Rollo, Director
  • Raza Properties, Shahid Raza
  • Reserve Apartments, Craig Douglas, Director
  • Serviced Cleaning, Christine Lorimer, Owner / Manager
  • Stay In Style Ltd., Belinda and Stephen Caswell, Directors
  • Stay to Discover Ltd, Zeshan Haroon
  • The Bonnie Thistle Apartments, Jacqueline Robertson, Owner/Manager
  • The Edinburgh Address, Anna MorrisSiobhan Lees, Sales and Guest Relations Manager
  • The Edinburgh Concierge Co, Linda McDonald-Brown
  • The Restalrig Apartment, Susan Walsh
  • TLB Property Management Ltd., Tony Leatherbarrow, Owner/Director
  • Violet Bank Apartments, Steven MacLennan, Owner
  • Western Harbour Apartments, Tony Barry, Owner

 

  • Antonia Allan, Owner/Operator
  • Daniel & Sarah Noon, Owner/Operator
  • Dawn McRoberts, Owner/Operator
  • Georgia Nakou, Owner/Operator
  • Glenda A Robertson, Owner/Operator
  • Graeme Rae, Owner/Operator
  • Jana Fitzpatrick, Owner/Operator
  • Lynne Lister, Owner/Operator
  • Lynn Murray, Owner/Operator
  • Mairi Anne Bowen, Owner / Operator
  • Marion McNeill, Owner/Operator
  • Natasha Wilson, Owner/Operator
  • Ralph Averbuch, Owner/Operator
  • Raffaele Ottaviano, Owner/Operator

Edinburgh Planning Control Area: Legal Opinion

As an organisation, the Association of Scotland’s Self-Caterers represents 153 professional self- catering businesses in Edinburgh and 1369 throughout Scotland. We submitted a robust response to City of Edinburgh Council’s (CEC) proposal to designate a city-wide control area on behalf of our members. We are very concerned and disappointed that City of Edinburgh Council (CEC) appear to have disregarded many of the legitimate points and sources of contrary evidence, and have proceeded regardless with a Proposal which is widely believed to be fundamentally flawed.

The ASSC sent a letter to the City of Edinburgh Council today (28th February 2022) highlighting our concerns.

The Proposal adopted by CEC will have a devastating effect on the accommodation industry in Edinburgh – which is much more diverse than simply Airbnb, despite what the Proposal suggests. It is regrettable that CEC has adopted a scheme which is misconceived in its ability to address any of the underlying policy objectives. The consequences of this, intended or otherwise, is restrictive for consumers, and anti-business.

Given our very serious concerns about the chilling effect and detrimental impact of the Proposal will have on many of our members operating in Edinburgh, we have had no choice but to seek legal advice. Please see below correspondence sent to CEC today from our solicitors, Burness Paull LLP.

2022.02.28 – Letter from BP to CEC on behalf of ASSC

We look forward to a substantive response in short order to identify a path forward.