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

14 Relationships with other authorities

14.1 General

14.1.1 Every week each verifier submits a list of warrant applications to the fire authority, environmental health authority, highways authority, Scottish Environment Protection Agency (SEPA), Scottish Water, planning authority and to the Council Tax valuation assessor. The list contains the description of the work. The bodies may then inspect any warrant applications they wish to see, at a time convenient to the verifier. Any observations or objections that these bodies might have are then given in writing to the applicant, copied to the verifier.

14.1.2 In addition to the above notifications, consultation in particular circumstances is either required or recommended — for details see the entries for the individual authorities below.

14.1.3 The consultation is on the extent to which the proposal fulfils the requirements of the building standards in schedule 5 of the Building (Scotland) Regulations. Verifiers should take account of the opinions expressed, but are not bound to follow them.

14.1.4 Where amendments to warrant are applied for, verifiers should consult in cases where they consulted on the initial warrant, or where the solution does not now follow the Technical Handbooks.

14.1.5 When the view of Scottish Ministers is sought, appropriate consultations should already have taken place. If they have not, the view may include a requirement to consult. Scottish Ministers will not consult before giving a view (see paragraphs at 4.2).

14.1.6 When considering a relaxation Scottish Ministers will take appropriate advice. Although it is intended that the Agency will include within its staffing individuals with direct experience of the Scottish Fire Service, relaxations with novel solutions will usually involve the fire authority for the area concerned.

14.2 Fire authorities

14.2.1 Consultation with the fire authorities should take place in the circumstances described in the following paragraphs.

14.2.2 At application for warrant, verifiers should consult on:

• non-domestic residential buildings
• non-domestic, non-residential buildings where the design does not follow Section 2: Fire of the non-domestic Technical Handbook approved by the Scottish Ministers.
• domestic buildings with a storey at a height over 18m
• domestic buildings with a storey height over 7.5m but not over 18m where the design does not follow Section 2: Fire of the domestic Technical Handbook approved by the Scottish Ministers
• other domestic buildings with novel access solutions.

14.2.3 Where a Completion Certificate is submitted for a building where no warrant has been granted, the verifier should consult with the fire authority on those projects where consultation would have occurred if a warrant had been applied for. Once a Completion Certificate has been accepted this will be recorded in the Building Standards Register held by the local authority.

14.2.4 Where permission is given to occupy a building before the Completion Certificate is accepted the verifier should inform the fire authority for buildings where the work concerned has been subject to consultation.

14.2.5 Where a verifier imposes continuing requirements on a Completion Certificate which relate to Section 2, Fire in the Technical Handbooks then the verifier should draw the attention of the fire authority to such conditions.

14.2.6 [This guidance will be further augmented and updated when the Scottish Fire Services Bill has been enacted]. [To consider also sprinkler requirements].

14.3 Licensing authorities

14.3.1 Where the warrant application is for a type of building that will require a licence, the applicant should be advised of the need to consult the relevant local authority department.

14.4 Highways department

14.4.1 Where the warrant application includes an access to a public road, the applicant should be advised of the need to consult the relevant department of the local authority. Matters to obtain permission for include road openings, pavements, crossings, and any temporary occupation of roads during construction.

14.5 Scottish Environment Protection Agency

14.5.1 Consultation with SEPA should take place in the circumstances described in the following paragraphs.

14.5.2 Prior to submission of warrant application a developer should consult on wastewater discharge where there is a risk of pollution of the environment. SEPA will require a consent (or authorisation) under the Control of Pollution Act 1974 for:

• all discharges to ground via an infiltration system when the discharge is from a population equivalent of 15 or more;
• for discharges to ground via an infiltration system from a population equivalent of less than 15, SEPA does not generally require a consent, provided a ground assessment is carried out and the infiltration field is constructed in accordance with the guidance provided in section 3 of the SBSA Technical Handbooks.

14.5.3 SEPA may require a consent for an outfall to a watercourse, such as a river, stream or loch or coastal waters where there is a risk of pollution.

14.5.4 A verifier may wish to enquire as to whether SEPA has issued a notice and/or consent prior to accepting a warrant application.

14.6 Scottish Water

14.6.1 Prior to application for building warrant, a developer should consult with Scottish Water:

• where a private drain discharges into a public sewer
• where it is intended that a drain will be vested in Scottish Water
• on the design and construction of disconnecting manholes and disconnecting chambers
• and where it is intended to build over sewers

14.7 Planning authorities

14.7.1 Where a warrant application is for work of a type which may require planning permission, a verifier may wish to enquire as to whether this permission has been obtained. [Joint guidance being considered on access issues].

14.8 Police

14.8.1 Where the verifier is aware of local police liaison officers available to give advice on the security aspects of a development, the applicant for a warrant should be advised to consult the relevant contact.

14.9 Historic Scotland

14.9.1 Where a warrant application is for work on a building that is designated an Historic building in terms of section 35 of the Act, the applicant should be advised of the need to obtain any necessary permissions and if necessary consult Historic Scotland.

14.10 Access panels

14.10.1 For any application where there is public access to the building, the verifier may require consultation with the local access panel on issues relating to access to and within buildings and the provision of facilities for disabled people, in particular if there are difficult issues associated with the conversion or alteration of an existing building.

14.11 Other permissions

14.11.1 Before commencing work it may be necessary to obtain other permissions not connected with the building warrant. For example, granting of a warrant does not depend on matters such as whether the applicant owns a property on which work is planned, or whether a mutual wall may be used for support, or whether foundations can be dug that may encroach on other property. Such matters are for applicants to agree through their own legal advisors.

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