Building standards enforcement
What enforcement powers does building standards have?
Under the Building (Scotland) Act 2003, Building Standards has a range of powers to ensure that the Act is not being contravened. Essentially these powers can be split into 4 categories
- enforcement to ensure that conditions attached to a completion certificate ( known as continuing requirements) are met. Or to ensure that continuing requirements imposed on existing buildings as may be imposed by Scottish Ministers are met
- enforcement to ensure that where required a building warrant is obtained or where one has been granted that the work is in accordance with the approved plans & specifications.
- enforcement to ensure that public safety is not compromised by buildings that are defective or are indeed an immeditate danger.
- The power to report matters directly to the Procurator Fiscal where certification is falsely or misleadingly been submitted or where a building is occupied without a completion certificate having been accepted.
These roles are explained in more detail in the Sections entitled Unauthorised Work and Public Safety.
For work approved under the Building (Scotland) Acts 1959 & 1970, any contravention from approved plans & specifications is subject to notice under Section 10 of that Act.
The enforcement powers relating to dangerous buildings under the 1959 & 1970 Acts, were in Section 13 of that Act.
Where can I get a list of the current enforcement notices?
A list of current enforcement notices can be viewed by using the download section on this page:
Building (Scotland) Act 1959 & 1970
- Unauthorised Works - Outstanding Section 10s
- Dangerous Buildings - Outstanding Section 13s
Building (Scotland) Act 2003
- Imposing Building Standards to specific Building Types - Outstanding Section 25s
- Continuing requirements enforcement - Outstanding Section 26s
- Unauthorised works - Outstanding Section 27s
- Defective buildings - Outstanding Section 28s
- Dangerous buildings - Outstanding Section 29s
