Scotland mandates Passivhaus equivalent legislation

Opinion piece by Sarah Lewis, Research & Policy Director, Passivhaus Trust

A seismic change in building standards is underway in Scotland.

All new build homes in Scotland will soon have to meet greater levels of energy efficiency after the Scottish Government agreed to progress legislation proposed by Scottish Labour MSP Alex Rowley.

In December 2022 Scottish government ministers announced plans to make all new build housing meet a Scottish equivalent to the Passivhaus standard within the next two years. Work to develop the standard will commence early in 2023, seeking the laying of amending regulations in mid-December 2024.

This is HUGE and a potentially game-changing move for building performance, comfort, energy bills, and climate action in Scotland! Its ripples will extend far beyond Scotland and is already attracting global attention.

MSP Alex Rowley originally proposed the Domestic Building Environmental Standards (Scotland) Bill as a Private Member’s Bill in response to the Scottish Climate Assembly Recommendations for Action where 97% voted in favour of the Passivhaus standard for new build projects in Scotland. The Bill proposed “to introduce new minimum environmental design standards for all new-build housing to meet a Scottish equivalent to the Passivhaus standard, in order to improve energy efficiency and thermal performance”.

On 10 January 2023 Patrick Harvie, Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights, announced in the Scottish Parliament that the Scottish Government has decided to make subordinate legislation within two years, to give effect to the Bill. Rather than undergo the process of pushing a bill through Parliament, the Scottish Government has opted to use secondary legislation to more quickly create new regulations based on the initial bill.

“Rowley’s proposal fits well with the Scottish Government’s objectives for new development. The shared policy programme, published in September 2021 as part of the Bute House Agreement, includes our explicit support for Passivhaus and equivalent standards.

We have set out our aim to make subordinate legislation within two years, to introduce new minimum environmental design standards for all new-build housing to meet a Scottish equivalent to the Passivhaus standard.”

Patrick Harvie, Minister for Zero Carbon Buildings, Active Travel and Tenants’ Rights

“I have been absolutely delighted by the positive response to my proposal for legislation on introducing a Scottish equivalent of Passivhaus standards to all new-build housing in Scotland and I am very happy that the Scottish Government has taken the opportunity to put my proposal into law.

We have the knowledge and technology to build houses fit for the future with occupant comfortability as a priority at a fraction of the heating costs of a standard build house now – it simply seems obvious to me that we should be doing this.

While I appreciate the moves the Scottish Government has taken so far to make new houses more energy efficient, I do not believe the action they are currently taking will get us to where we need to be quickly enough with regards to our net-zero targets so it is very welcome that they will move forward with the higher standards required by the Scottish equivalent of Passivhaus that I have proposed.

It is time to ensure we are building to the highest energy-efficiency standards possible and that those standards are verified during the building process so that residents can be assured of the quality of their homes.”

Alex Rowley, MSP for Mid Scotland and Fife

“It is fantastic to hear the Scottish Government has committed to bringing forward a Bill requiring higher energy-efficiency standards in domestic buildings, which also recognises the need to assure occupants that the design and construction of these buildings will deliver the actual performance sought in practice.

Statements including “a Scottish equivalent to the Passivhaus standard” and “explicit support for Passivhaus and equivalent standards” fill us with hope. As well as providing energy security and reduced heating bills, an enhanced Scottish Building Standard offers a chance to also improve occupant comfort and indoor air quality.

It is a truly forward-thinking approach by the Scottish Government and a positive response to the 2021 Scottish Climate Assembly recommendations. They are to be applauded for taking this crucial step towards meeting their Net Zero/ Climate Emergency goals. Now we must ensure that the Bill is well developed and implemented to deliver the greatest impact on the actual performance of new homes in Scotland.”

Jon Bootland, CEO, Passivhaus Trust

In the midst of the concurrent energy bill and climate crises, Scotland is proposing a fantastic step change in improving building performance and lowering energy bills, fuel poverty, and carbon emissions.

The Passivhaus Trust and its members will be ready to support this crucial transition, offering training, guidance, resources, and support.

Where Scotland leads…the rest of the UK will need to run to catch up.

More information: https://bit.ly/PHTScottishParliament

Watch the announcement in the Scottish Parliament here.