Relaxations
Last updated | 30/05/2008
What happens if my building design cannot be made to comply with Building Regulations?
For Warrants under the 1959 Act
Under the previous system of Building Control, there were 2 types of Technical Standards. They were either prescriptive or functional. Prescriptive standards set minimum requirements that must be met, it could for example be either a set width, height or number of exits. On the other hand functional standards tend to be worded such that 'adequate' or 'suitable' provision is made.
If your proposal cannot be made to comply with a Prescriptive Standard, more common when an existing building is being re-developed for another purpose, then you may make an application for relaxation. Application forms are available at any of our offices. In making such an application careful consideration has to be given as to the likely effects on the future health, safety and welfare of the occupants.
If your application relates to a Technical Standard contained in Part D or Part E, then we will automatically consult with the Fire Authority before coming to a decision.
Once your application has been considered, a draft direction is issued outlining our decision and any conditions the Council wish to impose. You are then given an opportunity to comment before the final decision is made. If you feel aggrieved at the draft direction and an agreement cannot be reached, you then have an opportunity to make an appeal that will be heard by a Council sub committee. Again if the decision is not in your favour you then have the opportunity of making an appeal to the Scottish Government
In the first instance you should discuss your proposal with your local Building Standards Surveyor. They will be glad to offer advice.
For Warrants under the 2003 Act
If you now make an application for warrant where the proposals fail to comply with a mandatory Building Regulation (yellow pages in the Technical Handbooks), you will need to apply to the Scottish Building Standards Agency for relaxation. For further advice I suggest you look at the website (http://www.sbsa.gov.uk/).
