Professor Russel Griggs wrote to Mairi McAllan, the Cabinet Secretary for Wellbeing Economy, Net Zero and Energy to warn that advisers had “significant concerns” over dates listed in consultation on a prospective Heat in Buildings Bill published in November last year.

Professor Griggs is chair of the Regulatory Review Group (RRG), which was re-established by the Scottish Government in October as part of the New Deal for Business to advise ministers on legislation.

The professor’s letter to Ms McAllan sent at the end of February was copied to the First Minister, his deputy Shona Robison and three junior ministers including Zero Carbon Buildings Minister Patrick Harvie, The Herald reports. 

Professor Griggs wrote that that the bill, along with the review of energy performance certification (EPC), “have the potential to be the most significant pieces of regulatory intervention since devolution affecting every individual and business in Scotland”.

He wrote: “While focused on helping Scotland reach its net zero by 2045 target, the proposals contained within a Heat in Buildings Bill will have to be well developed, tested and communicated to ensure they can be successfully implemented. There are also clear economic opportunities for the Scottish economy if sequencing is clear and support for upskilling is provided.”

In a detailed letter, Professor Griggs outlined the advisers’ full range of concerns. He stressed that the proposed dates for delivering a Heat in Buildings Standard across domestic and non-domestic buildings are “unrealistic given that there is limited understanding of market preparedness and no formal identification of a suitable regulator”.

He wrote: “The RRG requests further information on how the proposed dates have been reached and the Scottish Government’s ongoing engagement and assessment of market readiness in terms of the consumer and supply chain.

“For this policy to be effectively implemented, the supply chain will need to be able to satisfy consumer demand created by legislative intervention and it is unclear whether this will be the case.

“Consumers will be vulnerable to rogue traders if there is not sufficient capacity in the market to install any new products, repair or adapt existing ones.”

Professor Griggs went on to ask Ms McAllan for “further detail” on how the heat in buildings policy will be implemented and enforced, and asked for details of the scale of the legislation – seeking the type, number and complexity of the properties – that will come under the prospective new law. The professor also stressed that the impact on consumers and businesses should be considered before the proposals are finalised.

Responding to the adviser’s concerns, a Scottish Government spokesperson said: “We are committed to a Heat in Buildings Bill that will dramatically increase how quickly Scotland moves to clean heat, so that we tackle climate change and ensure everyone in Scotland has a warm, affordable home to live in.

“As part of delivering a New Deal for Business, Scottish ministers asked the Regulatory Review Group to examine the business and regulation impact of our proposals. We welcome the independent views of the group along with all submissions to the consultation, and we will give a full response as we develop our final proposals.”