Building Standards legislation
The Building (Scotland) Act 2003 came into
force in Scotland on 1 May 2005, at which time Building Control
became known as Building Standards to better reflect the aims
of the service.
Why have a new Act?
This new Act, which replaced the Building (Scotland) Act
1959, modernised the service to meet current practice.
It introduced greater flexibility to the designers in terms
of complying with building standards regulations.
Who oversees the new system?
The new Building Standards system is overseen by
the Building Standards Division of the Scottish
Government.
The Scottish Building Standards website contains a lot of useful information on
the operation of the new system and contains downloadable guidance
documents as well as all relevant legislation.
What changes were introduced in the Building (Scotland) Act
2003?
There were many changes arising from the new Act most
notably:
- Availability of certification schemes, under the control of the
Building Standards Division, both for design and for construction.
By using designers and contractors who are approved under such
schemes an applicant can benefit from a reduction in the building
warrant fee.
- Acceptance of late applications for building warrant
(although it remains an offence to start work without
warrant).
- Introduction of the term verifier (approved bodies to issue
building warrants and accept completion certificates) thus
potentially allowing the private sector in at some point.
- Completion Certificate is now submitted by applicant as opposed
to one being issued by the Local Authority.
- Introduction of Completion Certificate Without Warrant
submissions.
- Powers to take enforcement action against owners of buildings
in disrepair in addition to powers to deal with dangerous
buildings.
What's in the Building (Scotland) Regulations 2004 and
Technical Handbooks?
There are many changes from the former Building Standards
Regulations and associated Technical Standards, most notably in the
format.
The former regulations were generally prescriptive
and were seen to be too inflexible. The new regulations are in
the form of functional standards which are supported by Technical Handbooks which are published
in 2 volumes for domestic and non-domestic buildings. This new
format allows the designer more flexibility in showing
compliance with the regulations. It also allows
the Building Standards Division to introduce amendments
more simply and, with very limited exception, there will be no need
for relaxation.
What other legislation should I be aware of?
In addition to changes to regulations, new procedures were
introduced together with a procedural handbook which seeks to
explain the practical operation of the system. All the legislation
can be viewed and downloaded free of charge from the Building Standards Division website. Hard
copies can be purchased if required, again details are contained on
the website.
