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

3 Building Warrants to build, convert or demolish

3.1 When a building warrant is required

3.1.1 A warrant is required for all building work to which the regulations apply, with the following exception. Building regulation 5 allows work to be done without a warrant if it is work listed in Schedule 3 of the building regulations. This work, described in the paragraphs at 2.4 above, must still meet any relevant requirements of the building regulations.

3.1.2 Except for ‘work not requiring a warrant’, it is an offence for anyone to carry out work to which the building regulations apply without a building warrant. The Act in sub-section 8(3) indicates that the builder, the person for whom the work is to be done, and the owner if different may all be guilty of an offence if a warrant is not obtained before work is done.

3.1.3 The verifier will agree on what drawings, specifications and other information are required to enable the check for compliance with the regulations, based on the paragraphs at 3.2 below. A fee is payable at the time of application (see the separate fees regulations and guidance for details).

3.1.4 A building warrant is also required for a conversion, as defined in Schedule 2 of the building regulations, even if it is not necessary for building work is to be undertaken. (see paragraphs 3.7.5 and 3.7.6 below).

3.2 How to apply for a building warrant

3.2.1 Applications for building warrant should be made on forms available from verifiers (at present, this is the local authority for the area where the proposed work is to be carried out). The application may be made on paper or by electronic means where the verifier has this facility. The accompanying information can be on paper, in an electronic format, or in a combination, as agreed with the verifier. If in paper form, two sets of drawings, and one of other accompanying information, are normally required, but 1 or 2 additional copies may be requested by the verifier. Note that durable copies on linen or plastic film are no longer required, but drawings should be indelible, or read-only format if electronic. Receipt of application should be acknowledged by the verifier within 2 working days, for both paper and electronic submissions.

3.2.2 A warrant application may be made and signed by anyone wishing to do building work, although this may be done through an agent. Electronic signatures are acceptable when agreed with the verifier.

3.2.3 Schedule 2 of the procedure regulations sets out the information which should accompany an application for a building warrant. This information will normally be provided on drawings, but written schedules can also be used where appropriate. Large projects require extensive information, but for small or very simple work the verifier may agree to accept less information. Details of the kind of drawings which may be required are given at paragraph 3.2.10 below. The principle drawings must be signed, by the applicant or his agent, to say ‘This is a principle plan referred to in my application for building warrant’ and copies must be signed to say ‘This is a true copy of a principle plan referred to in my application for building warrant’. [Advice on details of presentation, including colouring of drawings, is available in (possible separate leaflet for issue by local authorities — not yet available)]

3.2.4 There is an alternative to providing some of the detailed information described above. An approved certifier of design can provide a certificate saying that particular aspects of the work will comply with the building regulations. A verifier is required to accept this certificate provided it has been issued in accordance with the conditions which apply to the certifier. For example, a verifier presented with a certificate of design for structure checks that the person signing the certificate is currently on the approved list and is designated to certify the type of structure in question. (Not all certifiers for structure are designated, or wish to be designated, to certify unusual structures such as stadia). The verifier must also check that the counter-signing body is approved to co-ordinate the certification of structure. These certificates form part of the warrant application form, and must be signed by an approved certifier and counter-signed by the certification co-ordinator of an approved body. If a warrant is granted on the basis of certified design, any amendment to warrant must also be certified.

3.2.5 The information provided must allow the verifier to clearly identify the scope of the certified work, and allow consultation with other authorities when necessary (see chapter 14 below). The certifier of design must provide enough information on the certified work to assist any site inspections the verifier wishes to make. Thus, using structural certification as an example, details of beam sizes, bearings etc. would be required for work certified by an Approved Certifier of Design for structure. Precise details may however be permitted to follow on in amendments. For example, an approved certifier of timber frames might submit general arrangement drawings together with standard frame details to help obtain the warrant, but could submit final drawings with an amendment application before the start of the relevant work on site. Where an engineer is employed as an Approved Certifier of Construction, to supervise structural work on site, less detail may be accepted. These matters must be agreed with the verifier.

3.2.6 If the application is for alteration or extension of an existing building, enough information on the existing building must be provided to demonstrate that it is not being adversely affected. For example, subdivision might mean means of escape in the remaining part had to be checked, so these should be shown. There may also be related repair work, which is not subject to the requirement for warrant, but which should be shown on warrant drawings where it results in, or affects, work that requires a warrant. For example a damaged plasterboard lining may have to be replaced, which could affect the sound resistance or thermal insulation of a wall. The requirement to show the existing building may also apply to work done to meet the requirements of a warrant to convert. It may even be applicable when the warrant for conversion does not entail building work or demolition associated with the conversion. (see paragraphs at 3.7 below for more detail of application of regulations to existing buildings).

3.2.7 Where a relaxation of the regulations relating to the application is obtained (see paragraphs at 4.3 below) this must either form part of the application or, if obtained after the application is made, be added to it. Any additional information required by the verifier also becomes part of the application when submitted.

3.2.8 A warrant application form received without the appropriate fee may not be accepted, or may be returned. Any related drawings need not be returned, and may be disposed of by the verifier if no fee is paid within 42 days of the initial submission of the application.

3.2.9 In some cases, the first response to an application will be a request for further detail drawings and specification. When planning a project the time allowed to obtain a warrant should include time for providing such information as well as processing by the verifier.

Notes:

1. At present, Approved Verifier is the local authority for the area where the work is to be carried out.
2. Apply on approved form with fee, plans and information on materials etc. Include any certificate(s) from certifiers of design.
3. Warrant may be granted subject to conditions, or continuing requirements.
4. Applicant must notify verifier when work begins.

3.2.10 An application for warrant, or amendment to warrant, should be accompanied by the list of information below. (This is an expansion of schedule 2 of the procedure regulations). Note however that the verifier has discretion over the extent to which the information must be provided so that minor work can be treated more simply.

A) List for application for warrant to erect.

1 General arrangement drawings comprising:

• a plan of the foundations, each floor and any roof
• sections through the building
• an elevation of each face of the building

all to show the relevant particulars set out below, and to be at a scale not less than 1:100 (1:50 preferred), with drawings to a larger scale as necessary to show the particulars needed to determine the application.

Relevant particulars for drawings:

For all buildings (but see note below):

• the level of the site of the building, lowest floor, and adjacent ground (including any road), all in relation to one another and some known datum.
• the position, materials and dimensions of foundations, walls, windows (including opening area and direction of opening), doors (including direction of opening), floors, roofs, chimneys and flues, ventilators and ventilation ducts, stairways, landings and balconies, protective barriers and such other parts of the building above or below ground as the verifier requests.
• details of construction including any framework and size and position of reinforcing material.
• details of calculation of loading and strength.
• indication of compartment and separating walls and floors, and details of fire stopping.
• position, materials and dimensions, including gauge or weight, of any damp-proof course or other moisture barrier.
• position of any sanitary facility or other built in equipment.
• position, materials, dimensions and form of any drainage or ventilation pipe (including the line, depth and inclination and means of ventilation of every drain), and the relationship and level to any sewer, sewage treatment works or other outlet into which drains are to discharge. Position, materials, dimensions and form of any traps, manholes and access openings.
• such particulars as are necessary to show that the works involved will be conducted in accordance with building regulations 13, 14 and 15.
• the position and dimensions of any lift well, lift car, machine room and platform lift.
• the escape routes available as means of escape from fire including dimensions.
• the position of any ground hydrants, wet or dry fire mains, and fire appliance access.
• any supplementary information, as requested by a verifier, so as to allow an application to be properly considered, such as fire engineering reports.

In addition, for dwellings:

• the position and number of socket outlets and smoke alarms.
• The position of automatic fire detection in residential buildings

Note: - All provided that some of the details above may be presented in a written specification as the verifier may agree, or may not be required where an Approved Certifier of Design is covering aspects such as the details of calculation of loading and strength.

2 A block plan to a scale not less than 1:1250 (1:500 preferred) to show:

• the size and position of the building, and any adjoining building as it affects the proposal.
• a north point.
• the position, width and level (in relation to some know datum) of any road, court or footway adjoining the building or from which there is access to the building.
• the boundaries of land in different occupation and any notional boundaries needed to determine compliance with the standards.

3 Where the site is not identifiable from the block plan referred to above, a location plan showing:

• the position of the site, to a scale not less than 1:2500 (1:1250 preferred), and a north point.

B) List for application for warrant to extend

Plans and specifications, as detailed in A above, of the extension and of the building so far as it is affected by the extension.

The drawings must, if the verifier requires, be coloured or shaded to the extent necessary to identify new work, materials used, downtakings etc.

In the case of certified matters, the details to be provided will be specified in the scheme.

C) List for application for warrant to alter, to convert, or to provide services, fittings or equipment

Plans and specifications, as detailed in A above, but only so far as is necessary to show that the building after the proposed alteration, conversion or fixture will comply with the building regulations.

The drawings must, if the verifier requires, be coloured or shaded to the extent necessary to identify new work, materials used, downtakings etc.

An assessment of the existing structure may be required if the proposed work is reliant on it for compliance e.g. if loads are significantly changed.

In the case of certified matters, the details to be provided will be specified in the scheme.

D) List for application for warrant to demolish

• particulars appropriate to show that the work involved will meet the requirements of building regulations 10 and 13 to 15.
• a statement providing information on the construction of the building to be demolished.
• a section drawing of the building to be demolished. (Sometimes photographs of the existing or original as built drawings may provide enough information to cover bullets 2 and 3).
• a block plan, to a scale no less than 1:500 showing the size and position of the building to be demolished and its relationship to adjoining buildings and boundaries of land in different occupation.
• If the building is not to be demolished in one shift, the dismantled stages in which it will be left

E) List for application to amend any warrant under section 9(4) or 9(5) of the 2003 Act.

Plans and specifications, as detailed in A above, but only so far as is necessary to show the further information required or the proposed amendment.

In the case of an amendment to previously certified design (see paragraph 3.9.12 below), the information supplied should be sufficient to allow the verifier to clearly identify the scope off any certified work, to allow any necessary consultation with other authorities (see chapter 14 below) and to assist any site inspection the verifier may wish to make.

F) Supplementary information

This requires dimensions to be figured, and plans to be suitably endorsed.

3.3 Late application for building warrant

3.3.1 Where work for which a building warrant is required has started without a warrant an application for a warrant may be made at any time before a Completion Certificate has been accepted for the building. This is one way of regularising the situation, but it does not remove the fact that an offence has been committed.

3.3.2 Importantly, the standards that apply to the late application are those at the time of application, not when the building started, so changes may be required even to completed work if it does not meet the relevant standards. Full drawings are required, as for a normal application. If the construction is well advanced, the verifier may request parts to be exposed so that adequate checks can be made. A higher fee is charged to cover such difficulties.

3.3.3 These disadvantages to starting work before obtaining a warrant are not designed as a penalty, which would arise from any action taken in relation to the offence, but are necessary to allow proper consideration of the work.

3.3.4 Certification schemes will not permit certification of work which has started without a warrant except in particular cases defined in the schemes.

3.4 Staged Warrants

3.4.1 In some projects, particularly for commercial buildings, a proposed building cannot be fully designed until the eventual occupant is identified. In some instances specialist sub-contractors may also not be identifiable at the outset. A warrant may be granted on incomplete information subject to a condition that work not yet designed must not be started until it is approved. Thus, a warrant can be granted allowing work to start on foundations and structural frame, with a condition that later stages, for example for internal fit-out or siphonic system of roof drainage, will only be allowed to start when information is available and has been approved by the verifier. Such later information might include matters certified by an approved certifier of design. It is the responsibility of the applicant to provide the information in good time to allow checking and approval so that site work continues smoothly.

3.4.2 The stages of work can be agreed between the verifier and the applicant. In order to protect any future occupants however, a Completion Certificate cannot be submitted until all stages are complete. Therefore it is not possible to have separate warrants for a shell and a later fit out unless the shell is taken far enough so that it can be occupied and it complies with all relevant standards, for example for thermal insulation. It may be necessary to agree with a verifier that the fee is based on an estimated overall cost, to be adjusted when the later stages are designed in detail.

3.4.3 The principle of staged warrants can be applied to work on existing buildings, for example where a specialist piece of work may only be fully designed after work has progressed to a stage where full dimensions are available. For example a metal stair may only be finally detailed when alterations to floors are completed.

3.4.4 Any certificates by approved certifiers of design must be provided separately for each stage and must relate only to the work included in a particular stage, as each stage requires an amendment to the warrant.

3.5 Duration of warrant

3.5.1 A building warrant has a three year life after it is granted. An applicant must either finish the work within that period or apply for an extension of time. This application must be made before the expiry of the warrant, although verifiers have the power to accept late applications in cases of hardship. To prevent misuse of this provision, verifiers have the power to insist that work done after the expiry of the original warrant must meet the building regulations as updated to the date of the application to extend the expired warrant. Normally an extension up to one year can be expected, with possibly a second extension. There is no legal limit to the extensions, but they are at the verifiers discretion and the need for further extension will have to be very clearly justified, for example by the size or complexity of the project.

3.5.2 Although a building warrant is granted to a particular applicant, if a building is sold while under construction the effect of the warrant transfers to the new owner, or indeed all the persons having an interest in the building. In other words construction may continue and on completion the new owner must submit the Completion Certificate (see chapter 5 below for details of submitting Completion Certificates).

3.6 Limited Life Warrants

3.6.1 Where a building is intended to be used for a limited period of time it may not be necessary to apply all the standards for a permanent building. The Act allows building regulations to specify which of the standards should not apply, and lets the procedure regulations set a time limit. This limit is currently five years for a 'limited-life warrant', and is measured from the date of acceptance of the Completion Certificate for the building.

3.6.2 It is important to stress that this type of warrant is intended for buildings that will be removed by the end of the time limit, and removal is a condition of the warrant. An application to demolish is required at least 84 days before the limit is reached. It is possible for the owner to apply for an extension of the limit, but this is at the discretion of the verifier. It is an offence to fail to demolish by the time limit set in the warrant unless an extension of time has been granted (not just applied for). Continued occupation of such a building after the time limit can be prevented by the Courts.

3.7 Application of regulations to existing buildings

3.7.1 Extensions to existing buildings must be constructed in such a way that the extension complies with all current standards that are relevant to the construction and use of the extension. In addition, the whole building must not, as a result of the extension, fail to comply with building regulations if it complied originally, or fail to a greater degree if it failed to comply originally. The verifier is required to refuse a warrant if either of those conditions is not met.

3.7.2 Alterations also attract the full current standards relevant to the alteration work involved. In addition, the whole building must not, as a result of the alteration, fail to comply with building regulations if it complied originally, or fail to a greater degree if it failed to comply originally. Again, a warrant must be refused if these conditions are not met. Note however that alterations to an existing building which are part of a conversion in terms of the Act have to be taken further, so that the building being converted complies more fully (see paragraph 3.7.5 below).

3.7.3 The definition of building in the Act (section 55) makes it clear that in relation to the extension, alteration or conversion of a building references to building are to so much of the building as is comprised in the extension or is the subject of the alteration or conversion. Section 10 of the Act therefore protects the whole building from the effects of the extension, alteration or conversion of part of a building. The intention is to prevent the creation of a worse situation rather than to require other parts of the building be upgraded to remove existing deficiencies.

3.7.4 In the light of that intention, failure or failure to a greater degree as a result of the proposed work is considered to mean the existing building is deemed to comply unless some aspect is actually altered by the work. The consequence of this for conversions is set out in paragraphs 3.7.5 and 3.7.6 below, but for alterations and extensions is set out in the following examples —

• When an existing building is altered internally, and access to the entrance is not affected, there is no requirement to provide e.g. access for disabled people.
• Where a building is extended, there is no requirement to provide current levels of insulation in the rest of the building. Also there is no requirement to provide an accessible entrance for disabled people to the extension, but if there is suitable access to the existing building it should continue into the extension.
• If a lift is added to a building, which might allow access for disabled people to an upper floor, there is no requirement to alter existing door or corridor widths on that floor, nor to add refuges on an escape stair.
• In a dwelling, if an accessible WC is available on the entrance level, there is no requirement for any new WC to meet the access standard, but the accessible WC cannot be removed and replaced by one on say the first floor.
• In a dwelling, if there is a WC on the entrance floor but it does not comply, it can be moved to another floor as the dwelling is not failing to a greater degree (there is still not an accessible WC).

Note however that all of the above does not take account of obligations that might arise under any other legislation, such as that controlling the workplace, or requiring equal access to services for people with disabilities.

3.7.5 Conversion of a building, if it is a conversion of a type set out in schedule 2 of the Building Regulations (Scotland) 2004, brings different requirements from those that apply to alterations. After a conversion the building must comply with all the standards. There is one important qualification. Few existing buildings can reasonably be altered to meet all aspects of current standards. Therefore, for the standards identified in schedule 6 of the building regulations, the applicant is required to improve the existing building ‘to as close to the full requirement as is reasonably practicable’.

3.7.6 The building regulations define ‘reasonably practicable’ as ‘...having regard to all the circumstances including the expense involved in carrying out the building work.’ The way to proceed is that an applicant has to show how any failure of the building, as it is proposed to be after conversion, is being addressed. Only in exceptional cases is it likely that taking no action is acceptable, but it will be normal, for many of the identified standards, that the full current requirements will not be met. The individual sections of the Technical Handbooks to the building regulations give guidance on what is likely to be an acceptable standard.

3.7.7 In other cases where the occupation or use of an existing building changes, i.e. cases which do not fall within the definition of conversion, there are no standards applied to it unless there is alteration or extension work done, in which case the guidance in paragraphs 3.7.1 to 3.7.4 above applies.

3.7.8 Notwithstanding all of the above, there will always be cases when working with existing buildings that adopting solutions based on whatever is in the Technical Handbooks or other guidance documents will not be suitable. Rather than deal with these cases by relaxations, as previously, it is now possible for the verifier to use judgement as to whether a standard is adequately met. In difficult cases it will be possible to obtain a formal view from the Agency to assist the decision, or where it is the functional standard itself that is not applicable a relaxation may still be requested from the Agency. The approach expected from verifiers is that where relaxation might have been accepted in the past it can be approved, if necessary with whatever compensating features that might previously have been requested under ‘conditions of relaxation’.

3.7.9 For historic buildings the advice above is of particular relevance. Section 35 of the Act gives specific protection to certain historic buildings in relation to statutory notices. However a wider range of buildings may need sympathetic consideration. Historic Scotland use the following definition —

Historic Building — a building of special interest or significance. That interest or significance may be local or national, and may be a consequence of, for example, the building’s age, built form or location. It may result from its connection with a person or persons, or with local or national events or industry; or from a combination of these or other factors. An historic building does not have to be listed by Scottish Ministers or lie within a conservation area to be deemed to have special interest or significance.

3.7.10 In applying the functional standards to work done to buildings covered by the above definition the particular matter that is significant or important should be considered. Also, the construction and materials of the existing building may have to be considered in light of the standards rather than the Technical Handbooks which assume current materials and construction techniques. [Further advice is available in the Historic Scotland publication —yet to be produced].

3.8 Demolitions

3.8.1 Warrants for demolition, while nominally valid for three years, are usually granted subject to time limits i.e. the date when dismantling must start and when the whole process must be completed. These limits should be set in agreement with the applicant.

3.8.2 The method of demolition, including any method statement prepared for Health and Safety at Work legislation, is not a requirement, and need not be checked by the verifier. For building warrant approval only sufficient information to ensure the requirements set in regulations 10 and 13 to 15 are met is needed.

3.9 How a building warrant application is assessed, decided and issued

3.9.1 Acceptance of an application for warrant should be given immediately if delivered by hand or sent within 2 working days if delivered electronically or by post. After being accepted, an application is subject to a detailed procedural and technical check. There is no normal time for this check, as the time taken can vary considerably depending on the complexity of the project and the quality of the application. Verifiers do however publish target times for responding to and dealing with applications. There are also long stops to prevent applications from lying indefinitely (see paragraph 3.9.8 below).

3.9.2 The application check involves two main parts. First a procedural check of the registered details of any person who has signed a certificate submitted in support of the warrant application. The verifier may only accept a certificate if:

• the person is approved as a certifier of design both at the date of signature and at the date of the warrant application, and
• the designation of the certifier is appropriate to the matters certified.

This information is checked by consulting the list of approved certifiers of design (see paragraphs at 13.4 below). If the person signing is not competent to do so, the verifier must inform the Agency (see paragraph 3.9.10 below). In such a case, the verifier may agree with the applicant either to take responsibility for checking the design in return for the appropriate fee or allow the applicant to obtain certification from a certifier with the appropriate designation. An amendment to warrant must be made to alter the details of the certifier. Second, a detailed technical check of those aspects of work that are not certified is made, assessing the application against the relevant standards in the building regulations. The Technical Handbooks and other guidance documents issued by Scottish Ministers will assist verifiers to fulfil this duty.

3.9.3 The check may result in an immediate decision to issue a warrant, but more usually a report will be produced indicating failures to comply, or areas requiring further clarification. The report should provide a level of detail sufficient to identify clearly which standards must be addressed, or what further information is required. The report should not comment on work subject to certification except with regard to the relationship of certified matters with the other parts of the building and aspects of the design which are outwith the certification.

3.9.4 The applicant must make any necessary adjustments to the proposals, and submit appropriate revised drawings and specifications, until the verifier is satisfied that the work will be carried out:

• in accordance with the building regulations and,
• when the warrant is for construction, demolition or the provision of services, fittings or equipment, that nothing on any plan or specification indicates the work when completed will result in a failure to comply with the building regulations.

3.9.5 Before granting a warrant, a verifier may require the applicant to consult other bodies, or may consult directly. For details of the appropriate consultations see chapter 14 below.

3.9.6 The layout of the application for building warrant is based on a model form and includes certificates for all available certification schemes. When the warrant is issued the signed copy of the drawings and any specifications, as finally approved after any necessary amendment, are returned to the applicant, in the format in which they were received. The principal set of information, including any certificates, is retained by the verifier, along with any other copy requested, e.g. for use on site. The principal set of information will eventually be sent to the local authority and indexed for the Building Standards Register.

3.9.7 A warrant may be subject to conditions, in the following ways. A staged warrant has conditions (see paragraphs at 3.4 above), and any relaxation related to an application may have conditions that must be met (see paragraphs at 4.3 below). A warrant may be subject to continuing requirements (see paragraphs at 7.3 below), or may be granted subject to a limited-life (see paragraphs at 3.6 above). A warrant to demolish includes a condition setting a time period within which the demolition must be carried out. When a warrant is issued, there will be a requirement to inform the verifier when work starts on site, and at other stages the verifier deems necessary (see paragraph 3.10.2 below). (Note that a verifier will also have to be informed when Approved Certifiers of Construction are to be used, but this will not be a condition of the warrant).

3.9.8 A building warrant application that has not been granted within 1 year of the date of the application is automatically deemed refused. This prevents applications that have run into difficulties lying unfinished. A fresh application and fee are necessary if the application is to be reconsidered. The first report should give clear warning of this procedure to the applicant. The one year period is extended by any time taken to obtain a view or a relaxation from Scottish Ministers, or if there is agreement between verifier and applicant. Where a verifier has not produced a first report within three months there is also a deemed refusal.

3.9.9 Where a warrant application is refused, the verifier ensures this information is sent to the local authority to be recorded in the Building Standards Register. The application form and the principal plans and specifications, together with any amendments, are kept for at least one year. The warrant and amendment application forms include any certificates submitted in support of the application. The remaining drawings and information are returned to the applicant in the format in which they were received, along with a formal refusal.

3.9.10 Whether or not a warrant is refused, where an application includes certificates submitted by individuals who do not hold appropriate current designations or by bodies that are not currently approved to co-ordinate certification of such matters, the verifier should inform the Scottish Building Standards Agency.

3.9.11 Where an application for amendment of warrant affects work that has been certified, the certifier must reassess and recertify the work in question. Any arrangements that may become necessary to replace a certifier are a contractual matter, but certification scheme providers are expected to offer assistance to identify alternative certifiers.

3.9.12 When a warrant has been granted, work may start on site. The warrant will include a requirement to inform the verifier of the date of starting. It should be noted however that a grant of warrant does not preclude the need to have any other legal requirements, such as planning permission, in place before starting work. There will be other considerations also, such as the position of existing services like gas pipes or power cables, which are outside the remit of the building standards system. It is the responsibility of those wishing to build to check with utility companies before work starts.

3.10 Inspection and tests

3.10.1 A verifier is not required to inspect work being done under a warrant. The intention however is that a verifier may inspect, as they see fit, and any verifier prevented from undertaking inspections of work cannot be expected to accept a completion certificate in relation to that work. Verifiers will do an assessment of the risks, or the need for inspection, based on the type of work, the qualifications of those involved, and the quality of the information submitted. Also, if the verifier is informed before the work starts that certain work on site is to subject to a certificate of construction, that work should not be inspected. It must be stressed that the inspections are to protect the public interest in terms of compliance with building regulations, not to ensure that all the work is constructed as the person paying for the work would want it. Section 27 of the Act gives a local authority power to issue enforcement notices (see chapter 7 below) where work is being done without a warrant or not in accordance with a warrant, and powers to inspect work in progress. If necessary, a verifier may request an inspection be carried out under these powers.

3.10.2 To assist verifiers in deciding when to inspect, applicants are required to inform verifiers when work commences, when drains are laid but not covered, when drains are complete, and when the building is complete. For particular projects, verifiers may also require applicants to give notice when other stages of work are complete, such as when foundations are about to be laid, or a roof structure has been erected. The requirements will vary depending on the risk assessment done by verifiers, but should be agreed with applicants when the warrant is granted. Applicants also need to inform verifiers of any work that is to be certified, before that work starts on site, if the refunds available at completion are to be claimed (see paragraph 5.4 below).

3.10.3 A verifier has no power to inspect a site or an existing building before issuing a warrant, but this does not prevent such inspection if agreed by the applicant and the owner (if different). In practice early inspections can be helpful to applicants and verifiers and can assist assessment of an application. Note however that where a local authority suspects building work is being done without a warrant it has powers to enter and inspect any premises. Where a building is to involve extensive off site fabrication, it may also assist assessment if inspection of the parts during fabrication could be agreed, although the practicality of such an arrangement will depend on the location of the fabricator.

3.10.4 Under section 41(2) of the Act, a verifier may request a ‘materials test’ if they consider it necessary. These tests are to establish whether an application for warrant should be granted or whether a building being constructed under a warrant is being constructed in accordance with the warrant. (See also paragraph 5.5.3 in relation to tests to determine whether a Completion Certificate should be accepted). The Act explains that a ‘materials test’ means a test on individual materials, or materials in combination, or even of a whole building. The test is at the applicant’s expense unless the verifier chooses to absorb any part of the cost.

3.10.5 In the case of work covered by a certificate of design, a verifier may not request a materials test before granting a warrant. However if a local authority wishes to take enforcement action, they may under section 39(4) of the Act carry out reasonable tests to determine the quality and strength of any material.

3.11 Discharge of Continuing Requirements

3.11.1 A verifier must on application discharge or vary continuing requirements that it has placed on a building (see paragraphs at 7.3 below) if the following criteria are met:

• for discharge, application is made showing that the building complies with the regulations at the time of the application, and that the continuing requirement is not needed to secure that the purposes of the regulation will not be frustrated;
• for variation, application is made showing that the building complies with the regulations at the time of the application, and that the variation will not result in the purposes of the regulations being frustrated.

3.11.2 Continuing requirements also cease to have effect if a further building warrant is granted in respect of the building, or a further Completion Certificate is accepted, although a verifier may re-impose, or impose further, continuing requirements as it sees fit.

3.12 Maintenance of records

3.12.1 A verifier is required to maintain a record of the applications for warrant, and amendments to warrant, including the plans, other documents and information submitted, together with the decisions taken on the applications. These are all to be sent to the relevant local authority to be recorded on the Building Standards Register. A verifier checks that the address given corresponds for any existing building, but where a new building is to be erected the land parcel may not have a final address and this will be checked when the Completion Certificate is submitted.

3.12.2 The verifier should also take responsibility to describe as accurately as possible the work for which the warrant is finally granted. The inclusion of keywords to allow searches is strongly advised. [will depend on the IT system adopted by local authorities]. The verifier should also note the aspects of work for which they have accepted certificates from approved certifiers of design, and the result of the checks on the certifier.

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