The Scottish Government's Heat in Buildings Strategy was published in 2021, setting out the actions proposed for the decarbonisation of Scotland's buildings in line with its climate change targets. As part of these changes, the New Build Heat Standard ("NBHS") was introduced, requiring new buildings to have climate-friendly heating systems instead of oil or gas boilers. While the NBHS has been in force, some changes to the Standard have recently been introduced to allow for more flexibility for those in rural and island communities.
New Build Heat Standard
The NBHS has been in force since 1 April 2024, it requires new buildings and some conversions to existing buildings to install climate-friendly heating systems (for example, heat pumps and heat networks) rather than polluting (or direct emissions) heating systems (for example, oil or gas boilers).
Application
The NBHS applies to applications for building warrants made on or after 1 April 2024. As well as covering new homes and buildings, it includes some conversions of existing buildings under certain circumstances, such as where there is a polluting heating system in the building being converted and it is reasonably practicable to install a climate-friendly heating system instead. The specific requirements for conversions are set out in the Building Standards technical handbooks.
There are some exceptions to the NBHS, including emergency heating systems and frost protection heating. Also, heat networks (often known as district heating) are classified as clean heating for the purposes of the NBHS, regardless of the fuel used to power them. For more on heat networks, see our earlier article, The Heating Revolution - Growth of Heat Networks in Scotland.
Changes to the Standard
Upon the introduction of the NBHS, there were concerns from those in rural and island communities regarding the practicalities of the NBHS, particularly regarding the use of bioenergy heating systems such as wood-burning stoves and peat-burning systems. There were further concerns regarding lack of infrastructure and the higher levels of fuel poverty in some rural areas of Scotland. As a result, with effect from 1 January 2025, the NBHS has been amended to allow the use of wood-burners and peat-burning systems as primary heating systems in all buildings. These changes also limit the NBHS so that it applies only to the main heating system being used, allowing the use of any type of heating system if it is a secondary heating system.
Next Steps
The concerns surrounding the cost of the NBHS and the difficulties in its implementation highlight the wider challenges facing Scotland as we edge closer to the 2045 net-zero emission target. Concerns over increasing fuel poverty led the Scottish Government to withdraw the draft Heat in Buildings Bill in its current form, it remains to be seen what changes to energy efficiency and heating requirements might be coming next for building owners and developers in Scotland.
This article was written by Kirsty Marsh, Trainee Solicitor in our Real Estate team.
