SBS Views
Views Procedure
The SBS offers a fast response service to provide a ‘View’ on behalf of Scottish Ministers when compliance with the Building Regulations is in doubt. This service is available when an application for a building warrant has been made under section 9 of the Building (Scotland) Act 2003 and is in addition to the informal advice offered by the SBS on the interpretation of the Technical Handbooks. The Views system will not provide an interpretation of the Building Regulations, but will provide project specific guidance on compliance with the mandatory Functional Standards where doubts exist. A fee may be payable for the provision of a view, please see Guide on Fees.
Who can apply?
This service is available to verifiers and building warrant applicants; a formal view will not be provided on applications certified by an Approved Certifier of Design or Construction.
How do I apply?
To apply for a view, a joint referral from the applicant and verifier should be submitted by the verifier to the SBS explaining the background to the case. The referral should include the aspect of design or construction to be considered specifying the mandatory standard(s) and relevant clause(s) contained within the Technical Handbook, if appropriate, using the attached template letter. Supplementary evidence such as relevant drawings, specifications, consultation responses and the warrant application must be included before the request can be considered.
How does this work?
The joint referral is submitted by the verifier and copied to the applicant, or their duly appointed agent. Prior agreement must have been reached with the applicant/duly appointed agent, regarding the basis of the referral and the extent of key information such as plans and specifications that will be included.
The aim is to ensure that the division has a fully rounded picture of the situation in order to assess the case properly. Every enclosure must be itemised in the box included in the referral letter template.
What Happens Next?
The SBS will provide notification within two working days as to whether the request has been accepted or within 5 working days when the request has been rejected. If accepted, the SBS will notify both the applicant and verifier providing an approximate timescale and stating the fee for production of the ‘View’. If both parties are content, work on the case will begin. Verifiers must have regard to any View expressed by Scottish Ministers in considering the building warrant application.
Requests for a Ministerial View may be rejected in cases where:
- there is a dispute between the verifier and the applicant for building warrant over compliance with the building regulations; or
- a similar Ministerial View has been published in response to a previous referral; or
- the SBS consider that the resources or time necessary to provide a Ministerial View, is excessive.
The SBS will accept referrals by e-mail, post or fax. General enquiries may be e-mailed to views@sbsa.gsi.gov.uk
