Procedures and Legislation
Relaxations
Scottish Ministers may issue a direction dispensing with, or relaxing, any provision of building regulations normally applicable to a building or a type of building. The building regulations designate certain provisions that may not be relaxed, although there is currently no designation in relation to the building standards themselves.
Only the building regulation standards may be relaxed; the guidance clauses within the Technical Handbooks cannot be relaxed as these are only one way of meeting the requirements of the mandatory standards.
Relaxations in respect of a particular building
For any particular building a person may apply to Scottish Ministers for a direction to either relax or dispense with a provision of the building regulations. Where Scottish Ministers consider it unreasonable that the provision should apply to that building they may issue a direction. The direction may set conditions and a date for expiry and may be revoked or varied by a further direction. There is no requirement to consult before issuing a direction in relation to a particular building but the fire service will normally be consulted for any question related to fire matters. If the application for direction relates to an existing warrant application and particularly where a warrant has been granted, the verifier will also normally be consulted.
The application should be made on model form sbs 1 (available here) and submitted with one copy of sufficient drawings, specification and other information to fully explain the case. The precise provision of the regulations which the applicant considers is not appropriate for the application must be identified. If necessary, further information or test results (which the applicant must obtain at their own expense) should be submitted. With the agreement of the Scottish Building Standards, supporting information may be submitted electronically.
Relaxations in respect of a description of building (type relaxations)
Scottish Ministers may also give a direction relaxing or dispensing with a provision of the building regulations for any description of building. This can be given either on application by any person or by Scottish Ministers on their own behalf.
The application process is similar to that for a particular building noted above, however, the application should be made using model form sbs 2 (available here).
