Scotland’s new EPC rules: what Ayr landlords must do before 2028

Martin & Co Ayr guide to Scotland new EPC rules before 2028

If you own rental property in Ayr, Prestwick or the wider South Ayrshire area, Scotland’s energy efficiency framework is changing, and Ayr landlords should understand the revised timetable before planning future upgrades.

Scotland’s planned EPC reforms have been delayed. The current EPC system will remain in place until 30 April 2028, when the outstanding provisions introducing new-style EPCs and the Heat Retention Rating are due to come into force, subject to parliamentary approval. Separate minimum energy efficiency standards for private rented homes are still being developed.

At Martin & Co Ayr, we have been monitoring this legislation closely on behalf of South Ayrshire landlords. Here is everything you need to know.

From EPC ratings to the Heat Retention Rating: what is changing?

The existing energy performance certificate (EPC) system assessed properties using a cost-based methodology, essentially, how much it costs to heat a home. That system remains in place for now, with the new-style EPC framework scheduled for 30 April 2028.

Under the planned new framework, domestic properties in Scotland will be assessed using a Heat Retention Rating (HRR) alongside other new EPC ratings. This is a fabric-first approach, meaning the rating focuses on the physical ability of a building to retain heat, including its insulation, wall construction, glazing, draught-proofing and thermal envelope, rather than running costs alone.

Why this matters for older Ayr properties

This distinction is critically important for landlords in Ayr and Prestwick. The older housing stock that dominates postcode areas across South Ayrshire, including Victorian and Edwardian sandstone villas in Alloway, Seafield and Doonfoot (KA7), pre-war tenements and semis in Newton-on-Ayr, Heathfield and Whitletts (KA8), and traditional sandstone bungalows in Prestwick (KA9), is precisely the type of property that may score differently under the HRR system compared with the old methodology.

A property that previously held a band D EPC rating under the cost-based system may now fall into a lower HRR band, given that solid sandstone walls, single-glazed sash windows and older roof constructions are assessed differently under the fabric-first approach.

The new compliance deadlines: what Ayr landlords need to know

The draft Minimum Energy Efficiency Standards (MEES) regulations for Scotland’s private rented sector set out a clear timeline.

The Scottish Government has proposed that new private tenancies should meet EPC HRR band C or above from 2028, but the detailed MEES regulations and final commencement arrangements remain subject to the legislative process.

The current proposal is for all private rented sector properties to meet the same standard by the end of 2033.

Nationally, approximately 48% of Scottish private rented sector homes, around 144,000 properties, are estimated to require improvement to meet band C under the HRR system. This affects roughly 104,000 landlords across Scotland.

The 2028 deadline is closer than it appears

With EPC reform now scheduled for 30 April 2028, Ayr landlords should use the intervening period to review their current EPCs and plan ahead rather than trying to commission an HRR assessment that is not yet part of the live system. Surveyors and retrofit specialists are expected to face significant demand as the deadline approaches, meaning costs and waiting times are likely to rise for those who delay.

What improvements may be required?

The specific works required will depend on your property’s current HRR assessment, but for older Ayr and Prestwick properties, the most commonly required fabric improvements are likely to include:

  • Loft and roof insulation upgrades to current standards.
  • External or internal wall insulation, particularly relevant for solid sandstone properties in Alloway, Doonfoot and Prestwick.
  • Secondary or replacement double glazing, especially for properties retaining original sash and case windows.
  • Draught-proofing to doors, windows, floors and chimneys.
  • Underfloor insulation where accessible.

It is important to note that improvements must be assessed and specified correctly. Not all insulation solutions are appropriate for traditional sandstone construction, and poorly specified works can cause moisture and structural problems. Always use qualified and experienced contractors familiar with traditional Scottish building types.

Exemptions and the PRS Exemptions Register

The regulations do include an exemptions regime for circumstances where compliance is not technically feasible or financially proportionate.

Grounds for exemption

Exemptions may apply where required improvements would damage the fabric or character of a listed building or property in a conservation area, where third-party consents (such as planning permission or factored building agreements) cannot be obtained, or where the cost of improvements exceeds the applicable cost cap.

How exemptions are expected to work

The proposed MEES framework includes an exemptions regime, with details such as registration, duration and enforcement to be confirmed in the final regulations and guidance. Landlords should rely on the current Scottish Government position when the rules are finalised.

Martin & Co Ayr can help you understand whether your property may qualify and guide you through the registration process.

Your tenancy obligations under Scots law

One important point that affects landlords planning to carry out significant works: under the Private Housing (Tenancies) (Scotland) Act 2016, the Private Residential Tenancy (PRT) framework governs how tenancies can be ended.

You cannot simply serve notice on a tenant to carry out energy efficiency improvements without following the correct statutory grounds for repossession under Scots law. The grounds process must be followed correctly, and tenants have significant protections under the PRT framework.

This means that if works are required and a property is currently tenanted, planning and communication need to be handled carefully and lawfully. Martin & Co Ayr’s team is experienced in managing exactly these situations on behalf of South Ayrshire landlords, whether you manage one property or an entire portfolio.

The practical steps Ayr landlords should take right now

Step 1: Review your current EPC

Your existing EPC remains the operative certificate under the current system. Review its recommendations now and keep an eye on the transition to new-style EPCs ahead of 30 April 2028.

Step 2: Understand your property’s position

Once the new EPC framework is live and an HRR assessment is available, you will be able to see more clearly how your property performs under the new fabric-based metric and what improvements may be relevant.

Step 3: Plan and budget for works early

Retrofit works on older properties take time to specify, procure and complete. Landlords who act now will have access to a wider choice of contractors, more competitive pricing, and the ability to schedule works between tenancies rather than under pressure.

Step 4: Take professional advice on tenancy management

If works are needed and your property is currently occupied, seek advice on your options under the PRT framework before taking any action.

How Martin & Co Ayr supports South Ayrshire landlords through legislative change

Keeping pace with Scotland’s evolving lettings legislation is one of the most demanding aspects of being a private landlord today, from the HRR transition and MEES compliance to wider obligations under the PRT framework. And with Making Tax Digital representing a separate but equally significant compliance consideration for landlords’ financial reporting, the regulatory environment has never been more complex.

At Martin & Co Ayr, compliance leadership is at the heart of what we do. With over 30 years of experience in residential lettings and a national network managing more than 41,000 properties, we have the depth of knowledge and the local expertise to help South Ayrshire landlords navigate change with confidence.

Our dedicated local team monitors legislative developments on your behalf, keeps your tenancy documentation up to date, and manages your property to the highest compliance standards, whether you own a single flat in Newton-on-Ayr or a portfolio of properties across KA7, KA8 and KA9.

From our fully Managed service, which provides 24/7 maintenance support, regular inspections and complete compliance oversight, to our Premium Managed offering with guaranteed rental income and legal protection, we work with landlords of all sizes to take the stress out of property management.

We let 370 new properties every week across our national network, and our Ayr team brings that same breadth of experience directly to South Ayrshire landlords.

Act now, and don’t let the 2028 deadline creep up

The proposed 2028 MEES timetable remains important, but Scotland’s new-style EPCs are now scheduled to begin on 30 April 2028, and the detailed private rented sector standards are still being finalised. For properties in Alloway, Seafield, Doonfoot, Newton-on-Ayr, Whitletts, Heathfield and Prestwick, where older sandstone construction is the norm, early action is not just advisable; it is essential.

The landlords who act now will have time, choice and cost on their side. Those who wait risk rushed expenditure, limited contractor availability, and the very real risk of non-compliance penalties.

Martin & Co Ayr is here to help you get ahead of this, clearly, confidently and without any fuss.

Get in touch with your local Martin & Co Ayr team today to discuss your properties and how the proposed HRR and MEES reforms may affect you. We are happy to talk through your situation and help you plan the right course of action.

You can also book a free, no-obligation rental valuation to understand the current market value of your property and how compliance investment could support your long-term rental yield in South Ayrshire.

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