Archive - Guidance
Old FAQ
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Introduction
What is a Building Warrant?
What are the Building Regulations?
Where can I get a copy of the Building Standards (Scotland) Regulations and the Technical Standards?
How do I obtain a Building Warrant?
What kind of building works are covered by the Building Standards (Scotland) Regulations?
Is there any building work that is exempted from the requirements of the Regulations?
Is there any other building work that I do not need a warrant for?
Do I need to inform my neighbours when I make application for warrant and do they have the right to object to the works shown in my application?
What should be shown on the plans supporting my warrant application?
Is a charge made for the warrant service?
What happens after I have submitted my warrant application to the local authority?
What happens if I cannot meet the requirements of certain Regulations because of the nature of the construction or the existing design of my building?
For how long is a warrant valid?
When can I start work on my building proposals?
Is my building work subject to inspection whilst in progress?
What happens if I depart from the plans approved?
What happens if I contravene the Regulations?
Is it necessary to obtain a certificate of completion when my building work is finished?
If work has been carried out to my property at some time in the past, how do I know if a Building Warrant has been granted?
If work has been carried out to my property and I do not have a Building Warrant, what should I do?
Does the Building Control Department of the Local Authority have any other responsibilities?
Where can I get general advice on building matters?
APPENDIX:TECHNICAL STANDARDS FOR COMPLIANCE WITH THE BUILDING STANDARDS (SCOTLAND) REGULATIONS 1990, SI 1990 NO 2179 (S.187) (AS AMENDED)*
This booklet is intended to help anyone who is unfamiliar with the building standards system in Scotland.
If you propose to erect a new building, to alter or extend an existing building, to change the use of a building or to demolish a building, you will normally require permission from the Building Control Department of your Local Authority.
Permission is granted in the form of a building warrant, which must be obtained before starting any work. A warrant will be granted if the work you propose meets the Technical Standards for compliance with the Building Standards (Scotland) Regulations 1990 (as amended).
It is an offence to begin work for which a warrant is required before obtaining the warrant. If a warrant is not obtained, this could lead to difficulties in the issue of a certificate of completion and in selling your property.
1. WHAT IS A BUILDING WARRANT?
A building warrant is the legal permission to commence building work (or demolish a building) and is granted by the local council in your area.
Building control officers in your council are responsible for granting building warrants. In assessing your application for a warrant, they must apply the standards set by national building regulations.
2. WHAT ARE THE BUILDING REGULATIONS?
They are legal requirements laid down by the Scottish Parliament that are intended to provide minimum standards for the health, safety, welfare and convenience of people in and around buildings, and for conserving fuel and power. In Scotland, the requirements are set by the Building Standards (Scotland) Regulations 1990 (as amended). To meet these regulations, buildings must comply with the Technical Standards. (See appendix for details of the Technical Standards.)
3. WHERE CAN I GET A COPY OF THE BUILDING STANDARDS (SCOTLAND) REGULATIONS AND THE TECHNICAL STANDARDS?
From The Stationery Office. They may also be available for inspection in main libraries.
For larger projects you will probably use an architect or other suitably qualified person who will have the documents. For a small project, your local council building control service may be able to explain the impact the standards are likely to have on your building proposal, and it is unlikely you will need to buy a copy.
4. HOW DO I OBTAIN A BUILDING WARRANT?
Apply to your local council building control office.
If you have appointed an architect or other suitably qualified person to prepare plans, the procedures should be known by them, but you will have to ask them to act as your agent to apply on your behalf. This is recommended as the best course for people not experienced in building work.
If you are applying yourself, the application forms can be obtained from your local council.
The form is the same whether you wish to alter, erect, extend, demolish or change the use of a building. Appropriate plans must also be submitted (see question 9).
5. WHAT KIND OF BUILDING WORKS ARE COVERED BY THE BUILDING STANDARDS (SCOTLAND) REGULATIONS?
The Building Standards (Scotland) Regulations apply to the construction of new buildings, alterations and extensions to existing buildings, demolition of buildings and to the change of use of a building (from a house to an hotel for example).
Some of the work you intend to undertake, such as apparently simple alterations to internal walls, may not appear to require a building warrant but could lead to a contravention of the building regulations or could have implications for adjacent property. It is therefore always advisable to seek professional advice and to consult your local building control service before going ahead with any proposal affecting your property.
6. IS THERE ANY BUILDING WORK THAT IS EXEMPTED FROM THE REQUIREMENTS OF THE REGULATIONS?
Yes. For example, the following are exempted.
Where the building work is ancillary to a house (but not a flat or maisonette); is not situated on contaminated land, and falls into any of the following categories:
- A detached garage, garden hut or building for keeping animals, birds or other livestock for domestic purposes, which:
- is not more than 30 sq. metres floor area; and
- is not nearer to the house than 1 metre unless it is at least 500 mm from any boundary; and
- does not contain a gas, oil or solid fuel heating appliance.
- A carport, covered area, greenhouse, summerhouse, swimming pool enclosure, which:
- is not more than 30 sq. metres floor area; and
- does not contain a gas, oil or solid fuel heating appliance; and
- does not contain sleeping or sanitary accommodation.
- Garden wall not more than 1.2 metres in height.
- Fence not more than 2.0 metres in height.
A conservatory or porch not more than 8 sq. metres floor area may be exempt, depending on glazing type and other factors. You should consult your local building control service about these and other small extensions.
7. IS THERE ANY OTHER BUILDING WORK THAT I DO NOT NEED A WARRANT FOR?
Yes. For example, the following do not require a warrant. (But: Note that they must still be properly installed in accordance with the appropriate requirements of the building regulations.)
- Repairs of a minor nature.
- Replacement windows (although consultation with the local authority is advised).
- Replacing or providing sanitary fittings (except for fitting a new shower and WC).
Many can be replaced or installed without affecting other matters - e.g. existing fittings being replaced or repositioned within the bathroom, or putting an additional fitting within a bathroom, or fitting a sink in a kitchen where the drain connection is nearby. These installations will not require a warrant but it is still advisable to consult your local building control service.
- Installing or altering the position of a gas, oil, solid fuel or fixed electrical heating appliance.
A warrant is only required if the heating appliance requires a hearth, chimney, or flue-pipe, or, in a timber-framed building, a balanced flue. If you are fitting a type of appliance different from the existing, then consult the building control department, as the hearth, chimney or flue may need to be altered and the work may require a warrant.
You are advised to seek guidance from your local authority, as there are so many features that require careful attention in work of this nature.
- Installing cavity fill thermal insulation.
You should, however, ensure that your property is suitable for this application. For example, some cavity fill material is not approved for areas exposed to driving rain. Check with the company you approach.
- Installing a stairlift within a dwelling.
8. DO I NEED TO INFORM MY NEIGHBOURS WHEN I MAKE APPLICATION FOR WARRANT AND DO THEY HAVE THE RIGHT TO OBJECT TO THE WORKS SHOWN IN MY APPLICATION ?
No. BUT, a warrant only shows compliance with building regulations.
Where the proposed building work is likely to affect or involve a mutual part of a building, you may have other legal obligations. It is advisable to inform any affected parties.
Note also that if you need planning permission for the work (which is separate from the building warrant) neighbour notification is required. Your local council can also advise you on planning matters.
9. WHAT SHOULD BE SHOWN ON THE PLANS SUPPORTING MY WARRANT APPLICATION?
The plans should give sufficient information to indicate clearly the location and nature of your proposals and how they relate to any adjoining or existing building. The type of materials and products being used, the size of rooms, the position of appliances proposed, and drainage details are needed. Structural design calculations and an energy rating may be required.
(Information on precautions being taken for the safety of the public during building or demolition works, and keeping a building site secure, may also be required.)
The information required can be complex and it may be advisable to contact your local authority building control service who, on having your proposals explained to them, will be able to give you full advice on the requirements applicable.
10. IS A CHARGE MADE FOR THE WARRANT SERVICE?
Yes. The level of fee is based on the estimated cost of the work you propose. The building control service will advise you of the required fee. Please note that the fee is for the lodging of the application and not for the granting of warrant.
Building control may wish to have the cost of the work verified. If so, it is likely that reference would be made to the cost index provided by the Royal Institute of Chartered Surveyors (RICS). This records what it normally costs to build different types of building in different areas.
There may be exemption from fees for certain works specifically for disabled people. Your local building control service will advise you.
11. WHAT HAPPENS AFTER I HAVE SUBMITTED MY WARRANT APPLICATION TO THE LOCAL AUTHORITY?
First of all your application is recorded. This allows the authority to chart its course through the warrant process.
Your application will then be assessed under the requirements of the Building Standards Regulations and Technical Standards.
Only the local authority in your area can advise accurately on the time taken to prepare an assessment on a warrant application, but the average time is around four weeks 1 . The nature and presentation of an application obviously influences the speed with which it can be progressed by the building control service.
The assessment will detail the matters requiring adjustment to your proposals to ensure compliance with the standards. If you are not able to answer all the matters raised, building control may be able to help or you may require to seek advice from building specialists, depending upon the nature of your proposals.
It is usual to be given the opportunity to amend or adjust your plans where matters do not comply with the standards.
The procedures for the adjustment of plans vary between local authorities but, generally speaking, you will be able to discuss the assessment with the building control department and arrange to have the plans amended.
After your plans have been adjusted or amended to comply with the assessment, they will be re-assessed. If in compliance with the regulations, the application will be granted and warrant issued soon after. If there are matters still requiring adjustment you will be notified and a further assessment will be sent to you.
If you do not amend the plans or obtain a relaxation (see 12 over) your application cannot be granted. The local authority will require to consider formal refusal unless you withdraw the application and confirm this in writing. Before the local authority refuses the application you will be given the opportunity to be heard. You may appeal to the Sheriff against refusal.
A local authority can refuse a warrant if the proposals fail to meet the regulations or, in the case of an existing building, as a result of the proposals, make the building fail to a greater degree.
12. WHAT HAPPENS IF I CANNOT MEET THE REQUIREMENTS OF CERTAIN REGULATIONS BECAUSE OF THE NATURE OF THE CONSTRUCTION OR THE EXISTING DESIGN OF MY BUILDING?
You might be able to apply for a relaxation of the particular regulation with which you are unable to comply. You will have been advised of the requirements of the regulations in the assessment. Where you feel it impracticable or unreasonable to meet any of these requirements, you can discuss with the building control service whether or not relaxation of that requirement would be considered.
Relaxation is not a means to circumvent the regulations or to overcome mistakes on site. The issue of a relaxation direction is at the discretion of the local authority and is based on its interpretation of the regulations and the merits of the case. Should an application for relaxation be refused, you have the right of appeal to the local authority and to Scottish Ministers.
Forms for relaxation are obtainable from your local authority that will advise on making the application.
Where your relaxation application has been refused and you wish to appeal to Scottish Ministers, the appeal form should be sent to:
Scottish Executive,
Development Department,
Building Standards Division,
Victoria Quay,
Leith,
Edinburgh EH6 6QQ.
No fee is payable for relaxation applications or appeals.
13. FOR HOW LONG IS A WARRANT VALID?
A warrant is valid for three years from the date of granting. If you have started but not completed the work within that time you can apply to the local authority for an extension to the warrant period. The application for extension must be made before the expiry of your warrant.
14. WHEN CAN I START WORK ON MY BUILDING PROPOSALS?
Immediately after the warrant has been granted .
You are required to let the local authority know:
When you are starting the work; and
When the work has been completed.
Any work done to the drainage system after March 2002 (other than work covered in Class 9 of Schedule 2 (fixtures not requiring a warrant) of the Building Standards (Scotland) Regulations) must be tested and the test may require to be witnessed by the local authority who will advise you accordingly.
15. IS MY BUILDING WORK SUBJECT TO INSPECTION WHILST IN PROGRESS?
Your local authority may inspect while work is in progress to check that the warrant is being complied with. However, the authority is not responsible for checking the quality of work done or supervising the builders employed. Supervision of the building work should be the responsibility of your architect or other person appointed by you for that purpose.
16. WHAT HAPPENS IF I DEPART FROM THE PLANS APPROVED?
You should discuss in advance with the building control department any changes to your warrant proposals before carrying these out.
A formal amendment to your warrant can be sought at any time during the period of the validity of the warrant. An amendment application follows the same procedures as the initial application. The plans require to show the changes you wish to make. Once approved, you can proceed to change your proposals on site. A fee is payable for an application for amendment of warrant and building control will advise you of the amount.
17. WHAT HAPPENS IF I CONTRAVENE THE REGULATIONS?
You are committing an offence if you start work, without a warrant, on work that requires a building warrant.
You are committing an offence if you occupy or use a new building without having obtained a certificate of completion or a temporary certificate of occupation.
It is also an offence to contravene the requirements of the building regulations.
The local authority can take enforcement action in each instance. There are penalties that impose a liability of a maximum fine of £5,000 with an additional fine of £50 per day if the offence continues.
18. IS IT NECESSARY TO OBTAIN A CERTIFICATE OF COMPLETION WHEN MY BUILDING WORK IS FINISHED?
Yes. You should complete and return to your local authority an application for a certificate of completion, together with a certificate of compliance for the electrical installation where appropriate, when the warrant work is complete. No fees are payable.
These forms are usually sent out with your warrant. If they are not, contact the building control service in your area and arrangements will be made to send the forms to you.
Building control will arrange to inspect the work and advise you within fourteen days of any matters requiring your attention or grant the completion certificate.
19. IF WORK HAS BEEN CARRIED OUT TO MY PROPERTY AT SOME TIME IN THE PAST, HOW DO I KNOW IF A BUILDING WARRANT HAS BEEN GRANTED?
The building control department of your local council keeps a register of applications for warrant.
20. IF WORK HAS BEEN CARRIED OUT TO MY PROPERTY AND I DO NOT HAVE A BUILDING WARRANT, WHAT SHOULD I DO?
You need not do anything with regard to a building warrant. If, however, you are selling your property and have been asked to produce a warrant or certificate of completion that you do not have, contact your local authority building control service. Each local authority has a system for dealing with such enquiries, which is designed to help satisfy the answers expected by the legal profession in these circumstances. Local authorities may have charges for this service.
21. DOES THE BUILDING CONTROL DEPARTMENT OF THE LOCAL AUTHORITY HAVE ANY OTHER RESPONSIBILITIES?
Yes. A local authority has powers to protect the safety of the public and persons frequenting buildings. If a building is found to be dangerous, or reported to the local authority as being dangerous, the authority can immediately take appropriate action to safeguard the occupants and passers-by.
Repairs may be enforced by a local authority where faults are likely to cause deterioration to a building or adjacent building(s).
22. WHERE CAN I GET GENERAL ADVICE ON BUILDING MATTERS?
It is suggested that you contact your local authority for help and advice on matters concerning the condition of your building or changes you wish to consider making to your building.
A list of Local Council Building Control Offices is detailed on pages 20 and 21.
APPENDIX
TECHNICAL STANDARDS FOR COMPLIANCE WITH THE BUILDING STANDARDS (SCOTLAND) REGULATIONS 1990, SI 1990 NO 2179 (S.187) (AS AMENDED)*
ARRANGEMENT OF PARTS
Part A - General including:
Definitions, Reference to published standards, Regulations 3-9, and Schedules 1-5
Part B - Fitness of materials and workmanship
Part C - Structure
Part D - Structural fire precautions
Part E - Means of escape from fire, facilities for fire-fighting and means of warning of fire
Part F - Combustion appliance installations and Storage of liquid and gaseous fuels
Part G - Preparation of sites, Resistance to moisture and Resistance to condensation
Part H - Resistance to transmission of sound
Part J -
Conservation of fuel and power
Part K - Ventilation of buildings
Part M - Drainage and Sanitary facilities
Part N - Electrical installations and Aids to assist the hard of hearing
Part P - Miscellaneous hazards
Part Q - Access and Facilities for dwellings
Part R - Storage of waste
Part S - Access to and movement within buildings, and protective barriers
*AMENDMENTS TO 1990 REGULATIONS:
The Building Standards (Scotland) Amendment Regulations 1993 (SI 1993 No. 1457 (S.191))
The Building Standards (Scotland) Amendment Regulations 1994 (SI 1994 No. 1266 (S.65))
The Building Standards (Scotland) Amendment Regulations 1996 (SI 1996 No. 2251 (S.183))
The Building (Scotland) Amendment Regulations 1997 (SI 1997 No. 2157 (S150))
The Building Standards and Procedure Amendment (Scotland) Regulations 1999 (SSI 1999 No. 173)
The Building Standards Amendment (Scotland) Regulations 2001 (SSI 2001 No. 320)
