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Government Consultations: Building Regulations: Determining the Principles for a Scottish Equivalent to the Passivhaus Standard: Stage 1 Consultation

Argyll and Bute Council · 23 October 2024
Back to Planning, Protective Services and Licensing Committee — 23 October 2024 and its agenda

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ARGYLL AND BUTE COUNCIL                           PLANNING, PROTECTIIVE SERVICES AND
LICENSING COMMITTEE 
DEVELOPMENT AND ECONOMIC GROWTH    23 OCTOBER 2024 
Government Consultations:  Building Regulations: Determining the principles for a
Scottish equivalent to the Passivhaus standard: Stage 1 consultation   
1.0 HEADLINES 
1.1 This report provides members of the Planning, Protective Services and Licensing
Committee with comments on a current Scottish Government consultation “Building
Regulations: Determining the principles for a Scottish equivalent to the
Passivhaus standard: Stage 1 consultation “ and seeks approval of a formal
submission 
1.2 The Scottish building regulations set minimum standards applicable to new buildings and
to new work to existing buildings. In December 2022, the then Minister for Zero Carbon
Buildings, Active Travel and Tenants’ Rights confirmed that, in response to Alex Rowley
MSP’s Proposed Domestic Building Environmental Standards (Scotland) Bill, the Scottish
Government would make subordinate legislation by 14 December 2024 to give effect to Mr
Rowley’s final proposal. The proposal was “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”. 
1.3 This report provides a response to the consultation for consideration by members, prior 
to submission to the Scottish Government by the 23 October 2024 deadline. 
2.0     RECOMMENDATIONS 
2.1 It is recommended that members of the Planning, Protective Services and Licensing 
Committee consider the report and approve the response outlined in Appendix 1 
3.0      DETAIL 
3.1 The consultation is the first of two which will consider the technical, commercial, and wider
policy implications of improvements to building regulations in the context of broader action
by the Scottish Government on climate change, to further our ambition of becoming a net-
zero society by 2045. It does not set out the details of proposed new standards or
performance targets. That will be set out in a further consultation in summer 2025. Instead,
this consultation seeks views on the form and approach that a Scottish equivalent to the
Passivhaus standard, implemented through building regulations, should adopt 
3.2 The consultation seeks detailed responses on specific questions on the concept of a
Scottish equivalent and issues around specification and calculation tools. In summary,
Passivhaus seeks very high and assured levels of energy efficiency and a healthy and
comfortable indoor environment all year round. It encourages a design-led approach to
optimise built form to limit energy demand and meet the standard 
3.3 The proposed response (see Appendix 1) does not propose to answer the questions but
addresses the key issues in Argyll and Bute, namely the impact on affordability,
development costs and skills shortages, which are further exacerbated in rural and island
communities. 
3.4 A Passivhaus standard will increase building and development costs, requires specifically
skilled architects, developers, builders and contractors and the potential to hinder

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development. This will adversely impact on communities within Argyll and Bute, particular
our rural and island communities where previous studies (Stantec report “Argyll & Bute
Island Housing Market Study-  May 2024) have identified: 
(a) Local house prices exceed local household incomes, particularly on the
islands, and a high level of house sales are mode by non-residents as market
prices are unaffordable to local residents.
(b) The percentage of local people in our island communities unable to afford
average house prices ranges from 62% on Coll to 93% on Jura.
(c) The Scottish Government identifies an affordable house as no more than 3.5
times the annual incomes of an individual household. The ratio is significant
higher in Argyll and Bute, with the average house prices being between 4 and
5 times individual household incomes.
(d) In the 7 islands in the STATEC study over 50% of all residents were unable to
affords the average house prices and this is particularly acute in Jura and
Colonsay where only 1 in 10 have sufficient funds to purchase a residential
property on the island.
(e) The costs of building in Argyll and Bute are the highest on mainland Scotland
(only exceeded by Shetland) and building costs are 30-40% higher on the
islands. 
(f) Public sector investment is required to provide new high quality and energy
efficient houses, to address fuel poverty on the island. 
4.0 CONCLUSION 
4.1 Recognising the benefits of Passivhaus construction, the proposal for an absolute requirement
for all new developments will adversely impact development in Argyll and Bute and our rural
and island communities. This is at a time of a housing emergency, the proposals are likely to
hinder development, increase development and building costs and exacerbate our skills
shortages. Scottish Government should consider that if Passivhaus standards are absolute
standard additional financial support is required to support the higher development costs in
rural or islands communities. Without this, a relaxed standard must be developed as an
alternative, particularly for rural and island communities and for retrofits. 
5.0   IMPLICATIONS 
5.1 Policy – consistent with Council policies 
5.2 Financial – Proposals will increase development costs in Argyll and bute
5.3 Legal – None
5.4 HR – none.
5.5 Fairer Scotland Duty - the Fairer Scotland Duty, 
5.5.1 Equalities – N/A
5.5.2 Socio-economic Duty – N/A
5.5.3 Islands – included in response
5.6 Climate Change – supports principles of climate change and energy efficiency 
5.7 Risk – Proposals may hinder delivery of Councils emergency housing action plan
5.8 Customer Service – N?A
5.9 Rights of the Child (UNCRC) – none 
Executive Director with overall responsibility for Development and Economic Growth: 
Kirsty Flanagan 
Policy Lead for Regulatory Services: Councillor Green. 
25/09/2024 
For further information contact: 
Alan Morrison, Regulatory Services and Building Standards Manager alan.morrison@argyll-
bute.gov.uk.
Fergus Murray, Head of Development and Economic Growth: fergus.murray@argyll-bute.gov.uk. 
APPENDICES – Appendix 1: Draft consultation response

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Appendix 1 
Government Consultations:  Building Regulations: Determining the principles for a Scottish
equivalent to the Passivhaus standard: Stage 1 consultation   
1 Name of Consultation
Building Regulations: Determining the principles for a Scottish equivalent to the
Passivhaus standard: Stage 1 consultation  
2 Open date
31 July 2024
3 Closing date
23 October 2024
4 What is the consultation? 
Scottish building regulations set minimum standards applicable to new buildings and to
new work to existing buildings. In December 2022, the then Minister for Zero Carbon
Buildings, Active Travel and Tenants’ Rights confirmed that, in response to Alex Rowley
MSP’s Proposed Domestic Building Environmental Standards (Scotland) Bill, the Scottish
Government would make subordinate legislation by 14 December 2024 to give effect to Mr
Rowley’s final proposal. The proposal was “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” 
This consultation is the first of two which will consider the technical, commercial, and wider
policy implications of improvements to building regulations in the context of broader action
by the Scottish Government on climate change, to further our ambition of becoming a net-
zero society by 2045. 
This consultation does not set out the details of proposed new standards or performance
targets. That will be set out in a further consultation in summer 2025. Instead, this
consultation seeks views on the form and approach that a Scottish equivalent to the
Passivhaus standard, implemented through building regulations, should adopt 
5 Why are they consulting?
This stage 1 consultation seeks views on the form and approach that a Scottish equivalent
to the Passivhaus standard, implemented through building regulations, should adopt. It
also seeks information on the implementation of the 2023 energy standards to inform the
development of a stage 2 consultation in 2025, which will set out the details of proposed
new standards or performance targets
6 Officers consideration and recommendations 
The consultation asks detailed questions on the concept of a Scottish equivalent and
specific issues around the specification and calculation tools. The concept is. 
“In summary, Passivhaus seeks very high and assured levels of energy efficiency and a
healthy and comfortable indoor environment all year round. It encourages a design-led
approach to optimise built form to limit energy demand and meet the standard 
Proposed response: 
The consultation asks very specific questions and rather than focusing on these, due
consideration has been given to identify potential issues and risks associated with
introducing a Passivhaus equivalent standard to developments within Argyll and Bute 
In developing this consultation response, reference is made to the Stantec report “Argyll &
Bute Island Housing Market Study- May 24” and the following evidence:

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(a) Affordability’ Local house prices exceed local household incomes,
particularly on the islands, and a high level of house sales are mode
by non-residents as market prices are unaffordable to local
residents.
(b) The percentage of local people in our island communities unable to
afford average house prices ranges from 62% on Coll to 93% on
Jura.
(c) The Scottish Government identifies an affordable house as no more
than 3.5 times the annual incomes of an individual household. The
ratio is significant higher in Argyll and Bute, with the average house
prices being between 4 and 5 times individual household incomes.
(d) In the 7 islands in the STATEC study over 50% of all residents were
unable to affords the average house prices and this is particularly
acute in Jura and Colonsay where only 1 in 10 have sufficient funds
to purchase a residential property on the island.
(e) The costs of building in Argyll and Bute are the highest on mainland
Scotland (only exceeded by Shetland) and building costs are 30-
40% higher on the islands. 
(f) Public sector investment is required to provide new high quality and
energy efficient houses, to address fuel poverty on the island. 
General:
1. In general terms, the principles for a Scottish equivalent to the Passivhaus standard
are sensible from sustainability and climate change perspectives, However, it’s
important to recognise the potential negative impact to rural areas, in terms of
development costs, particular where building costs are presently significantly higher in
Argyll and Bute, and more so in island communities, and unaffordable to many local
residents.
2. Energy efficient properties are critical, but the consultation should consider whether the
Passivhaus standard is appropriate standards to apply to all new buildings and
propose other alternatives, rather than it being an absolute requirement.
3. Passivehaus approach does offer opportunities in areas of electricity grid
restrictions.  There are many places where it is currently very challenging to get a grid
connection due to lack of capacity.  In these circumstances, Passivhaus may offer an
opportunity to reduce impact on the grid, subject to discussion with network
suppliers.  In circumstances where this is required, consideration should be given for
grant funding to achieve this. 
Costs: 
4. The proposal to introduce a Passivhaus standards to all new developments will result
in a significant cost burden on all housing within the Argyll and Bute area and in
particular, remote and rural communities as evidenced in the STANTEC report . The
cost implications of achieving this as a minimum standard must be carefully
considered, particularly in a time of housing emergency In Argyll and Bute.   
5. The proposals are likely to adversely impact development and further assessment is
required on the impact in Argyll and Bute, particularly where building costs in Argyll and
Bute are the highest on mainland Scotland and are only higher in Shetland. 
6. The infiltration rate of 0.6 air changes per hour far exceeds the current air changes that
are currently achieved, will require a greater level of site supervision, contractor
experience, and attention to detail, which comes at additional cost for the client. The
entire design through to the completion phase appears to be far more onerous than
current construction practice, which again will have significant cost implications on the
client for all members of the design team and construction professionals involved in the
project. 
Skills and expertise

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7. The Passivhaus is not a building that can be designed by an agent with no credentials
in this type of building and thus requires a professional with experience of Passive
House Planning Package (PHPP) and over seen by a Passivhaus certifier. 
8. We raise concerns over the level of competence that would be required by the
professionals required to undertake the design, construct and carry out site supervision
in complying with a Passivhaus design. Such skills shortage will hinder developments
and increase costs. These will be amplified in remote rural area 
9. Ventilation and heat exchange systems need maintenance and available contractors to
do this in remote rural areas at reasonable cost and in reasonable time. As an
example. There are already issues accessing gas safety and electrical safety
engineers in rural authorities. 
Changing behaviours
10. Passivhaus Buildings work efficiently when occupiers are bought in to the concept and
behave and utilise the building in an appropriate way. Education of occupiers is critical
as people may override the design by installing additional heating or not use the
mechanical ventilation system. 
Other 
11. Further consideration is required on how this proposed standard impacts on the drive
to District Heating and LHEES. The benefits of a cost effective heat network for new
developments will not be required to the same extent if the Passivehaus standards are
applied universally to all developments.  Will this not be a long term disincentive to
pursuing heat networks in contrast to other SG policy and now Local Heat and Energy
Efficiency Strategies (LHEES).
12. Whatever standards are chosen they should not be different dependent on tenure, ie:
social housing should be at the same standard as private, not higher or lower.
13. The Stage 2 consultation should consider if this standard is more appropriate as an
option rather than an absolute standard, and identify suitable alternatives which would
still meet the drive for energy efficiency in new developments. 
7 Recommendations 
The consultation recognises that the costs of Passivhaus are higher in rural areas and
states “Passivhaus is a significant upgrade on the current carbon emitting criteria of our
existing buildings, but this comes at a significant cost to the client and in particular those
that live in more rural and remote areas where travelling and a lack of suitably qualified
and experienced professionals, will incur additional costs as opposed to the central belt”. 
Argyll and Bute raise concerns over these proposals as , without significant public sector
development and support grants, the proposals exacerbate the existing issues of lack of
affordable housing to residents, high building costs and skill shortages, particularly within
our rural and island communities 
Scottish Government should consider that if Passivhaus standards are absolute standard
additional financial support is required to support the higher development costs in rural or
islands communities. Without this, a relaxed standard must be developed as an alternative,
particularly for rural and island communities and for retrofits.