Domestic Building Environmental Standards (Scotland) Bill

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Timeline of the proposed Domestic Building Environmental Standards (Scotland) Bill


Ministerial Statement – Proposed Domestic Building Environmental Standards (Scotland) Bill- 10th January 2023

Having written to Alex to confirm the Scottish Government will be giving effect to the Domestic Building Environmental Standards (Scotland) Bill, Minister for Zero Carbon Buildings, Active Travel and Tenants Rights, Patrick Harvie MSP, makes a statement to the parliament confirming the Government’s intentions.

Alex has the opportunity to respond and takes this opportunity to thank the Non-Government Bills Unit, a clerking team within the Scottish Parliament who assist non-government MSPs with the process of bringing Member’s Bills forward, for their support over the year, the Passivhaus Trust for providing necessary technical information for the proposal and Unity Consulting for their assistance in bringing the proposal together.

Alex asks the Minister questions on

  • the need to ensure the Government’s implementation of his proposal includes a robust verification process that the new standards are being met in new-build houses in line with Passivhaus standards,
  • the Government’s plans to engage the construction industry on how best to deal with issues currently being experienced in the supply chain and in the provision of skilled labour,
  • the feedback received from many respondents to his consultation that the welcome changes to new-build housing standards must go hand in hand with a more thorough approach to retrofitting existing housing stock.

  • WATCH: Ministerial Statement on the Proposed Domestic Building Environmental Standards (Scotland) Bill

  • Scottish Government commit to giving effect to the proposal through legislation- 15th December 2022

    Having received the necessary cross-party support required to secure the right to introduce the Member’s Bill, the Scottish Government write to Alex to confirm its intention to give effect to the Domestic Building Environmental Standards (Scotland) Bill through legislation.

    Under Rule 9.14.13 of the Scottish Parliament’s Standing Orders, the Scottish Government can adopt a member’s bill proposal if they commit to initiate legislation – which could be a Bill or a statutory instrument – to give effect to the proposal within the same session of the Parliament.

    In a letter from the Minister for Zero Carbon Buildings, Active Travel and Tenants Rights, Patrick Harvie MSP wrote to Alex to commend him for “the proposal and the work you have undertaken over the past year to raise awareness and discussion on this important topic amongst a wider audience” and confirmed the Government’s intention to seek the laying of amending regulation in mid-December 2024.

    • Read – letter from the Minister for Zero Carbon Buildings, Active Travel and Tenants Rights, Patrick Harvie MSP (below)
    Giving-effect-to-the-proposed-Domestic-Building-Environmental-Standards-Scotland-Bill-MZCBATTR-to-Alex-Rowley-MSP-Final-December-2022


    Support from MSPs achieved – Right to introduce Member’s Bill secured – 17th November 2022

    On the same day the final proposal for the Domestic Building Environmental Standards (Scotland) Bill was lodged with the Scottish Parliament, the required cross-party support to secure the right to introduce the Member’s Bill was secured, showing the support for the proposal across party lines. The proposal was supported by MSPs from Scottish Labour, Scottish National Party, Scottish Conservative and Unionist Party and Scottish Liberal Democrats.

    Unless the Scottish Government intervenes, Alex will have the right to introduce the Member’s Bill to the Scottish Parliament for the opportunity to make the proposal law.

    MSPs who supported the proposal:

    Total supporters 25

    Scottish National Party  1 

    Christine Grahame

    Scottish Conservative and Unionist Party  3 

    Murdo Fraser, Graham Simpson, Liz Smith

    Scottish Labour  18 

    Mark Griffin, Paul Sweeney, Pam Duncan-Glancy, Paul O’Kane, Jackie Baillie, Monica Lennon, Neil Bibby, Mercedes Villalba, Pauline McNeill, Daniel Johnson, Foysol Choudhury, Michael Marra, Katy Clark, Colin Smyth, Richard Leonard, Rhoda Grant, Claire Baker, Sarah Boyack

    Scottish Liberal Democrats  3

    Willie Rennie, Beatrice Wishart, Liam McArthur


    Final Proposal lodged – 16th November 2022

    With the responses now collated and analysed, the proposed bill is lodged with the Scottish Parliament:

    Proposed Domestic Building Environmental Standards (Scotland) Bill – a proposal for a Bill 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 begins a one month period where the support of 18 MSPs from at least two political parties is required. The public’s responses to the bill are published for public viewing as well as the Consultation Summary which has been independently prepared.


    Response analysis begins – 28 July 2022

    The process of analysing each of the individual responses begins, ensuring they are ready for publication while a team from the Scottish Parliament’s Non-Government Bills Unit independently analyses what the public’s response to the proposal has been for the Consultation Summary document.


    Public Consultation closes – 27 July 2022

    After 12 busy weeks of promoting the consultation and meeting with stakeholders and organisations relevant to the bill, the consultation period ends on the 27th July 2022 at 23:59.


    Public Consultation opens – 03 May 2022

    Public consultation begins on a proposal for a Bill to introduce new minimum environmental design standards for all new-build housing to meet the Passivhaus standard, or a Scottish equivalent, in order to improve energy efficiency and thermal performance.

    • Scottish Parliament – Member’s Bill Introductory video (below)