Keep your eye on the Bills

Rona Macdonald wrote for The Scotsman

Last month, John Swinney presented his first Programme for Government, setting out the actions that the Scottish Government intends to take in the parliamentary year from September 2024, including the proposed legislative programme. Alongside the 12 Bills already before the Scottish Parliament, a further 14 Bills can now be expected. A number of these new Bills will be of particular interest to those in the rural, residential and commercial property sectors.

The proposed Natural Environment (Scotland) Bill aims to establish the framework for statutory targets to restore and protect nature and will also include provisions affecting how national parks and deer are managed. Further reform is also planned which will impact Scotland’s 20,000 crofts.

In addition, the Land Reform (Scotland) Bill which aims to change the law relating to large landholdings and agricultural leases is already before the Scottish Parliament and further progress through the legislative process during the current parliamentary year is predicted.

Residential landlords and tenants will remain interested in the Housing (Scotland) Bill, which contains a package of proposed reforms affecting the private and public housing rented sectors, including the introduction of rent control areas. This is already before the Scottish Parliament and awaits the parliamentary process.

Last year, the Scottish Government consulted on proposals to introduce legislation requiring all buildings to end the use of heating systems which burn fossil fuels, known as “polluting heating systems”, by 2045 and all domestic properties to comply with a minimum energy efficiency standard. It is now expected that these will be brought forward in a new Heat in Buildings (Scotland) Bill during the current parliamentary year.

While all properties are likely to be affected by any ban on polluting heating systems, owners of domestic properties with low energy ratings may be required to take measures to improve energy efficiency in the short to medium term. Last year’s consultation suggested that private landlords may have to comply by the end of 2028, while most other homeowners would have to comply by the end of 2033. It awaits to be seen whether these timescales will be carried forward in the new Bill.

In the commercial property sector, the Scottish Government intends to take forward recommendations made by the Scottish Law Commission to improve the law around commercial leases, particularly in respect of the way in which leases continue after their termination date. A separate Bill introducing a building safety levy intended to provide revenue to fund the Scottish Government’s cladding remediation programme is also expected.

The laying of a Bill before the Scottish Parliament is the first stage in the parliamentary process, where it will be considered and amendments to it are almost certain to be made. In addition, the public and any groups can give their views about a Bill through the Committee process. Once enacted, secondary legislation may be required for certain elements and there may also be transitionary provisions.

Professionals involved in the rural, residential and commercial property sectors will want to keep updated as the new Bills pass through the parliamentary process so that they can plan ahead as to how clients may need to be advised once any new legislation comes into effect.