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CONSULTATION ON REGULATIONS IN SUPPORT OF THE BUILDING (SCOTLAND) ACT

Scottish Statutory Instruments

2004 No. (C. )

BUILDING

The Building (Fees) (Scotland) Regulations 2004

Made - - - -

Laid before the Scottish Parliament

Coming into force - - 1st May 2005

The Scottish Ministers, in exercise of the powers conferred by section 38 and 54(2) of the Building (Scotland) Act 2003( a), and of all other powers enabling them in that behalf, hereby make the following Regulations:

Citation and commencement

1. These Regulations may be cited as the Building (Fees) (Scotland) Regulations 2004 and shall come into force on 1st May 2005.

Interpretation

2. In these Regulations, unless the context otherwise requires -

a. "the Act" means the Building (Scotland) Act 2003;

b. "the 1995 Regulations" means the Building (Procedure) (Scotland) Amendment Regulations 1995;

c. "value of the work" means the expenditure which the applicant would incur were the works carried out for the applicant by a third party in the course of an ordinary commercial transactions; and

d. a reference to a numbered regulation is a reference to the regulation in these Regulations bearing that number, and a reference in a regulation to a numbered paragraph is a reference to the paragraph in that regulation bearing that number.

Fees for applications for building warrants

3. -(1) Subject to regulations 4 and 5, where an application of a description referred to in the Schedule to these Regulations is made to a verifier, a fee shall be payable by the applicant to that verifier and the amount of any such fee shall be that indicated in, or calculated in accordance with, the paragraph or, as the case may be, sub-paragraph of the Schedule which applies to that application.

(2) In any case where the Scottish Ministers exercise the functions of a verifier, the fee payable under paragraph (1) shall be-

a. payable to; or

b. where it has already been paid to a verifier, remitted by that verifier to

the Scottish Ministers.

( a) 2003 asp 8.

Exceptions

4. -(1) No fee shall be payable where the purpose of the work to which the application relates is to make the building suitable as a dwelling for a disabled person.

(2) In this regulation "disabled person" means a person with a physical, hearing or sight impairment which affects that person's mobility or use of buildings.

Discounts

5. -(1) Subject to paragraph (2), the fee payable in respect of an application for a building warrant shall, in any case where one or more certificates from an approved certifier of design are presented, be discounted in accordance with paragraphs (2) to (4).

(2) Where one or more such certificates are presented with an application for a building warrant the fee which would otherwise be payable shall be discounted by-

a. 10 % for each certificate that covers the whole of any section set out in Schedule 5 to the Building (Scotland) Regulations 2005(); and

b. by 1% for each certificate covering a single item in any such section, up to a maximum of 5% for any one section.

(3) In no case shall the combined discounts applicable by virtue of this regulation exceed 80% of the fee which would otherwise be payable in respect of the application.

(4) Sub-paragraphs (a) and (b) of paragraph (2) shall apply only where the application for building warrant is submitted before the commencement of the certified construction on site.

Refunds

6. -(1) Subject to paragraph (2), where one or more certificates from an approved certifier of construction are presented with a completion certificate the applicant shall be entitled to a refund on any fee paid in respect of the original application for a building warrant of 1% for each certificate covering a defined trade or installation, up to a maximum of 20%; and, for these purposes, the Scottish Ministers shall, from time to time, determine what is a defined trade.

(2) Paragraph (1) shall apply to the extent that, and only where, the applicant has informed the verifier before the commencement of that part of the construction to which the certificate would relate that it is the applicant's intention to provide one or more certificates.

Fees to be paid to the Scottish Ministers

7. Subject to regulation 3(2), the fee payable to the Scottish Ministers in respect of the performance of any of their functions under the Act and the amount of such fee and the person by whom it is payable shall be determined by the Scottish Ministers and in making any such determination the Scottish Ministers shall have regard to any relevant guidance issued by them.

Rebates for unused warrant

8. Where an application has been granted of a description referred to in paragraphs (1) to (6) of the Schedule to these Regulations and the work specified in the application as granted has not been carried out, then if the building warrant is surrendered by the applicant before the expiry of the time period for which the building warrant was granted, the applicant shall be entitled to a refund of 25% of the fee paid in respect of the application for the building warrant.

Building Standards Register

9. Where a request is made to a local authority by any person for the provision of any copy of any entry or document contained in Part II of the building standards register, a fee shall be payable by that person to the local authority at a level determined by the local authority from time to time.

Revocations and savings

10. -(1) Subject to paragraph (2), the 1995 Regulations are hereby revoked.

(2) Notwithstanding paragraph (1), the 1995 Regulations shall continue to apply for the purposes of any application made before the date on which these Regulations come into force.

St Andrew's House,
Edinburgh
2004

Regulation 3

SCHEDULE

TABLE OF FEES

Where work has not already started

1. Application for warrant (including issue of warrant) for the construction of a building or the provision of services, fittings or equipment in connection with a building (whether or not combined with an application for conversion or an application for demolition)

After work has already started

7. Application (after work has already started) for -

Submission of a completion certificate where no warrant granted

8. Submission of a completion certificate where no warrant granted for-

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