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

2 Certification Processes

2.1 Pre-application for building warrant

2.1.1 The building owner or developer may use the SBSA certification register to identify an approved body that offer certification services relevant to the design of the project.

2.1.2 An indicative example of the register search interface is given below, followed by the fictional result of a search for approved certifiers to certify the design and installation of a solar water heating system.

2.1.3 The approved body should explain to the building owner or developer whether or not:

• it currently employs an approved certifier of design under a relevant scheme with the relevant designations;
• it currently employs an approved certifier of design under a relevant scheme, but would delegate or sub-contract the work, or some part of the work, to another approved certifier of design with the relevant designations.

2.1.4 During the design process, certifiers must be informed of any changes to non-certified work or work by other certifiers, in order that they may assess the implications for the work that they are to certify.

2.2 Application for building warrant

2.2.1 The applicant completes the Application for building warrant which includes certificates for:

• design of specified aspects of the project to comply with all the Building Standards within one of the six sections of Schedule 5 of the Building (Scotland) Regulations 2004; and
• design of specified types of project to comply with all the Building Standards.

2.2.2 Each certificate must either be deleted or completed in full with the name, signature, and registration number of the approved certifier(s) of design, the name and registration number of the approved body, and the relevant project descriptors.

2.2.3 Each certificate relates to a specific certification scheme, such as [Design of Structure] or [Design of gas-fired central heating systems]. Most certificates will include key project descriptors that will enable the verifier to identify whether the approved certifiers of design have the designations appropriate to the project.

2.2.4 The certificate is a declaration by the approved certifier of design either that:

• the work described in the Application complies with all the standards within one of the six sections of Schedule 5; or
• the project described in the Application complies with all the standards in Schedule 5;
• and that:
• the approved certifier of design is registered by the SBSA as competent to certify the design of such work;
• if project descriptors are given, the project matches particular descriptions.

2.2.5 The verifier:

• must check that the person who has signed a certificate is currently registered as an approved certifier of design under an appropriate certification scheme;
• must compare any project descriptors with any designations held by the approved certifier of design;
• must check that the business or other body is currently registered under an appropriate certification scheme; and
• may also check the authenticity of the certificate by making enquiries to registered certifiers and bodies.

2.2.6 An example of a certificate of design is given below, followed by the fictional result of a search for approved certifier number XTA2/CON/0250. verifiers would use such searches to check whether the designations match the work certified.

2.3 After issue of building warrant

2.3.1 The building owner, developer, or main contractor may use the SBSA certification register to identify an approved body that offers certification services relevant to the construction of the warranted work.

2.3.2 They should ask the approved body to confirm whether or not:

• it currently employs an approved certifier of construction under a relevant scheme with the relevant designations; or
• it currently employs an approved certifier of construction under a relevant scheme, but would sub-contract the work, or some part of the work, to another approved certifier of construction with the relevant designations.

2.3.3 Verifiers should be informed on any work that is to be certified by an approved certifier of construction, before the start of such work.

2.3.4 The verifier must check the registration of the person and the body named on the certificate at the date they signed the certificate. There is no requirement for a verifier to check that certifiers are still registered at either the date of submission or the date of acceptance of the completion certificate.

2.3.5 The verifier must not inspect any work that is to be certified, provided proper notification has been received, but may choose to inspect any non-certified work. See also section 3.1 ‘Discovery of mistakes, omissions, inaccuracies’

2.3.6 During construction, the nominated certifier of construction must satisfy themselves that relevant work complies with Building Regulations.

2.3.7 If a different Approved Body and / or Approved Certifier takes over the project, the building owner or developer must inform the verifier, who must check their registration and the designations.

2.3.8 Any incoming Certifier of construction must satisfy themselves that any relevant work already undertaken complies with Building Regulations, in order that they can certify the work at completion.

2.3.9 During construction, certifiers of construction are only responsible for compliance with Building Regulations. Compliance with the building warrant is the responsibility of the applicant for building warrant (or their successor), who should make appropriate contractual arrangements with approved bodies.

2.3.10 The applicant for building warrant (or their successor) must apply for an Amendment to Warrant for any changes to the design. Any certifiers of design must be informed of changes to non-certified work or work by other certifiers, in order that they may assess the implications for the work that they have certified.

2.3.11 If changes are made to the design, the certifier(s) of design must check compliance with the Building Regulations and certify any relevant changes on the certificates contained in the Application for Amendment to Warrant.

2.4 Completion

2.4.1 The building owner, developer, or other relevant person completes the completion certificate which includes blank certificates appropriate to each certification scheme.

2.4.2 Each certificate must either be deleted or completed in full with the name, signature, and registration number of the approved certifier(s) of construction, the name and registration number of the approved body, and the relevant project descriptors.

2.4.3 Each certificate relates to a specific certification scheme, such as [Electrical installation?] or [Plumbing installation?].

2.4.4 The certificate is a declaration by the approved certifier of construction that, at the date of signing:

• specified aspects of the construction work comply with all the standards in Schedule 5 that were in force at the date when the warrant was granted;
• they are registered by the SBSA as competent to certify such construction work; and
• if project descriptors are given, the project conforms to particular descriptions.

2.4.5 Certification schemes should require that certifiers of construction submit to them a copy of any certificate that they have signed within seven working days.

2.4.6 The verifier:

• must check that the person and body that have completed the certificate have already been notified to them;
• must check that the person who has signed a certificate was registered as an approved certifier of construction under an appropriate scheme at the date of signing;
• must compare any project descriptors against any designations held by the approved certifier;
• must check that the business or other body was registered at the date of signing as an approved body under an appropriate scheme; and
• may also check the authenticity of the certificate by making enquiries to the registered certifiers and bodies.

2.4.7 An example of a certificate of construction is given below:

2.4.8 The certification system is summarised in the following table.

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