Building Control Leaflet

CONTENTS

Introduction
1.	What is a Building Warrant?
2.	What are the Building Regulations?
3.	Where can I get a copy of the Building Standards (Scotland) Regulations and the Technical Standards?
4.	How do I obtain a Building Warrant?
5.	What kind of building works are covered by the Building Standards (Scotland) Regulations?
6.	Is there any building work that is exempted from the requirements of the Regulations?
7.	Is there any building work that I do not need a warrant for?
8.	Do I require to inform my neighbours when I make application for warrant and do they have the right to object to the works shown in my application?
9.	What should be shown on the plans supporting my warrant application?
10.	Is a charge made for the warrant service?
11.	What happens after I have submitted my warrant application to the authority?
12.	What happens if I cannot meet the requirements of certain Regulations because of the nature of the construction or the existing design of my building?
13.	For how long is a warrant valid?
14.	When can I start work on my building proposals?
15.	What happens if I depart from the plans approved?
16.	Is my building work subject to inspection whilst in progress?
17.	What happens if I contravene the Regulations?
18.	Is it necessary to obtain a certificate of completion when my building work is finished?
19.	If work has been carried out to my property and I do not have a Building Warrant, what should I do?
20.	If work has been carried out to my property at some time in the past, how do I know if a Building Warrant has been granted?
21.	Does Building Control have any other responsibilities?
22.	Where can I get general advice on building matters?

INTRODUCTION

This booklet is is intended to help anyone who is unfamiliar with the building control system in Scotland.

If you propose to erect a new building, to alter or extend an existing building, to change the use of a building or to demolish a building you will normally require permission from the local council in your area.

Permission is granted in the form of a building warrant, which must be obtained before starting any work, and which will be granted if the work you propose complies with the Technical Standards for compliance with the Building Standards (Scotland) Regulations.

It is an offence to begin work for which a warrant is required before obtaining the warrant. If a warrant is not obtained this could lead to difficulties in the issue of a certificate of completion and in selling your property.

1. WHAT IS A BUILDING WARRANT?

A building warrant is the legal permission to commence building works and is granted by the local council in your area.

Building Control Officers in your Council are responsible for granting building warrants. In assessing your application for a warrant they must apply the standards set by national building regulations.

2. WHAT ARE THE BUILDING REGULATIONS?

They are legal requirements laid down by Parliament which are intended to provide minimum standards for the health, safety, welfare and convenience of people in and around buildings, and for conserving fuel and power. In Scotland the requirements are set by The Building Standards (Scotland) Regulations. These regulations are met by compliance with the Technical Standards. (see Appendix for details of the Technical Standards).

3. WHERE CAN I GET A COPY OF THE BUILDING STANDARDS (SCOTLAND) REGULATIONS AND THE TECHNICAL STANDARDS?

The Technical Standards are available online via this link. They are also available from The Stationery Office. They may also be available for inspection in main libraries. For larger projects you will probably use an architect or other suitably qualified person who will have the documents. For a small project your local council building control service may be able to explain the impact the standards are likely to have on your building proposal, and it is unlikely you will need to buy a copy.

4. HOW DO I OBTAIN A BUILDING WARRANT?

Apply to your local council building control office.

If you have appointed an architect or other suitably qualified person to prepare plans the procedures should be known by them, but you will have to ask them to act as your agent to apply on your behalf.

If you are applying yourself, the application forms can be obtained from your local council.

The form is the same whether you wish to alter, erect, extend, demolish or change the use of a building. Appropriate plans must also be submitted (see question 9).

5. WHAT KIND OF BUILDING WORKS ARE COVERED BY THE BUILDING STANDARDS (SCOTLAND) REGULATIONS?

The Building Standards (Scotland) Regulations apply to the construction of new buildings, alterations and extensions to existing buildings, demolition of buildings and to the change of use of a building (from a house to an hotel for example).

Some of the work you intend to undertake, such as apparently simple alterations to internal walls, may not appear to require a building warrant but could lead to a contravention of the building regulations or could have implications for adjacent property. It is therefore always advisable to seek professional advice and to consult your local building control service before going ahead with any proposal affecting your property.

6. IS THERE ANY BUILDING WORK THAT IS EXEMPTED FROM THE REQUIREMENTS OF THE REGULATIONS?

Yes. For example, the following are exempted.

Where the building work is ancillary to a house (not being a flat or maisonette); is not situated on contaminated land, and falls into any of the following categories:

6.1 A detached garage, garden hut or building for keeping animals, birds or other livestock for domestic purposes, which

is not more than 30 sq. metres floor area, and

is not nearer to the house than 1 metre unless it is at least 500mm from any boundary, and

does not contain a gas, oil or solid fuel heating appliance.

6.2 A carport, covered area, greenhouse, summerhouse, swimming pool cover which:

is not more than 30 sq. metres floor area, and

does not contain a gas, oil or solid fuel heating appliance.

6.3 Garden wall not more than 1.2 metres in height.

6.4 Fence not more than 2.0 metres in height.

A conservatory or porch may be exempt, depending on size, glazing type and other factors. It is advisable to consult your local building control service about these and other small extensions.

7. IS THERE ANY BUILDING WORK THAT I DO NOT NEED A WARRANT FOR ?

Yes. For example, the following do not require a warrant (but they must be installed in accordance with the appropriate requirements of the building regulations).

7.1 Repairs of a minor nature.

7.2 Replacement windows.

7.3 Replacing or providing sanitary fittings.
Many can be replaced or installed without affecting other matters, e.g.existing fittings being replaced or repositioned within the bathroom, or putting an additional fitting within a bathroom, or fitting a sink in a kitchen where the drain connection is nearby. These installations will not require a warrant but it is advisable to consult your local building control service.

7.4 Installing or altering the position of a gas, oil, solid fuel or fixed electrical heating appliance.
A warrant is only required if the heating appliance requires a hearth, chimney or flue- pipe, or, in a timber-framed building, a balanced flue. If you are fitting a type of appliance different from the existing then consult building control, as the hearth chimney or flue may need to be altered and the work may require a warrant.

You are advised to seek guidance from your local authority as there are so many features that require careful attention in work of this nature.

7.5 Installing cavity fill
You should however ensure that your property is suitable for this application. Check with the company you approach.

7.6 Installing a stairlift within a dwelling.

8. DO I REQUIRE TO INFORM MY NEIGHBOURS WHEN I MAKE APPLICATION FOR WARRANT AND DO THEY HAVE THE RIGHT TO OBJECT TO THE WORKS SHOWN IN MY APPLICATION?

No. It is assumed the work will comply with all legal obligations.

It is good practice however to inform any party where building work proposed is likely to affect or involve a mutual part of a building.

Often confused with the building warrant application procedure is the planning permission process, of which neighbour notification is part. Your local council will be able to advise you if you are unclear about what you need to do.

9. WHAT SHOULD BE SHOWN ON THE PLANS SUPPORTING MY WARRANT APPLICATION?

The plans should give sufficient information to indicate clearly the nature of your proposals and how they relate to the rest of the building, the type of materials and products being used, the position of appliances proposed, and drainage details for example. Structural design calculations and a SAP energy rating may be required.

It is advisable to contact your local authority building control service who, on having your proposals explained to them, will be able to give you full advice on the requirements applicable.

10. IS A CHARGE MADE FOR THE WARRANT SERVICE?

Yes. The level of fee is based on the cost of the work you propose. Building control will advise you of the required fee. Please note that the fee is for the lodging of the application and not for the granting of warrant.

Building control may wish to have the cost of the work verified. If so, it is likely that reference would be made to the cost index provided by the Royal Institute of Chartered Surveyors (RICS).

There may also be exemption from fees for certain works specifically for disabled people. Your local Building Control Office will advise you accordingly.

11. WHAT HAPPENS AFTER I HAVE SUBMITTED MY WARRANT APPLICATION TO THE AUTHORITY?

First of all your application is recorded. This allows the authority to chart its course through the warrant process.

Your application will then be assessed under the requirements of the Building Standards Regulations and Technical Standards. If it complies with them it will be approved within a short period of time.

Only the local authority in your area can advise accurately on the time taken to prepare an assessment on a warrant application but the average time is around four weeks (complex applications within 4 to 6 weeks). The nature and presentation of an application obviously influences the speed with which it can be progressed under the building control service.

The assessment will detail the matters requiring adjustment to your proposals to ensure compliance with the provisions of the standards. If you are not able to answer all the matters raised, building control will be able to help or you may require to seek advice from building specialists depending upon the nature of your proposals.

It is usual to be given the opportunity to amend or adjust your plans where matters do not comply with the standards.

The procedures for the adjustment of plans vary between local authorities but generally speaking you will be able to discuss the assessment with building control and arrange with them to have the plans amended.

After your plans have been adjusted or amended to comply with the assessment they will be re-assessed. If in compliance with the regulations the application will be granted and warrant issued soon after. If there are matters still requiring adjustment you will be notified and a further assessment will be sent to you.

If you do not amend the plans your application cannot be granted. The local authority will require to consider formal refusal unless you withdraw the application and confirm this in writing. Before the local authority refuses the application you will be given the opportunity to be heard. You may appeal to the Sheriff against refusal.

A local authority can refuse a warrant if the proposals fail to meet the regulations or, in the case of an existing building, as a result of the proposals, make the building fail to a greater degree.

12. WHAT HAPPENS IF I CANNOT MEET THE REQUIREMENTS OF CERTAIN REGULATIONS BECAUSE OF THE NATURE OF THE CONSTRUCTION OR THE EXISTING DESIGN OF MY BUILDING?

You might be able to apply for a dispensation or relaxation of the particular regulation with which you are unable to comply. You will have been advised of the requirements of the regulations in the assessment. Where you feel it impracticable or unreasonable to meet any of these you can discuss with building control whether or not relaxation of that requirement would be considered.

Relaxation is not a means to circumvent the regulations or to overcome mistakes on site. The issue of a relaxation direction is at the discretion of the local authority and is based on its interpretation of the regulations and the merits of the case. Should an application for relaxation be refused you have the right of appeal to the local authority and the Scottish Executive.

Forms for relaxation are obtainable from your local authority who will advise on making the application. Where your relaxation application has been refused and you wish to appeal to the Scottish Executive the appeal form should be sent to Scottish Executive Development Department, Building Control Division, Victoria Quay, Leith, Edinburgh EH6 6QQ. No fee is payable for relaxation applications or appeals.

13. FOR HOW LONG IS A WARRANT VALID?

A warrant is valid for three years from the date of granting. If you have started but not completed the work within that time you can apply to the local authority for an extension to the warrant period. The application for extension must be made before the expiry of your warrant.

14. WHEN CAN I START WORK ON MY BUILDING PROPOSALS?

Immediately after warrant has been granted.

You are required to let the local authority know:

When you are starting the work, and
When the work has been completed.
Any work done to the drainage system may require to be inspected and/or tested by the local authority who will advise you accordingly.

15. WHAT HAPPENS IF I DEPART FROM THE PLANS APPROVED?

You should discuss in advance with building control any changes to your warrant proposals before carrying these out.

A formal amendment to your warrant can be sought at any time during the period of the validity of the warrant. An amendment application follows the same procedures as the initial application. The plans require to show the changes you wish to make. Once approved you can proceed to change your proposals on site. A fee is payable for an application for amendment of warrant and building control will advise you of the amount.

16. IS MY BUILDING WORK SUBJECT TO INSPECTION WHILST IN PROGRESS?

Your local authority will advise on the frequency of their inspection. It must be borne in mind that the building control service does not act as a clerk of works. Supervision of the building work should be the responsibility of your architect or other person appointed by you.

17. WHAT HAPPENS IF I CONTRAVENE THE REGULATIONS?

You are committing an offence if you start work that requires a building warrant without a warrant.

You are committing an offence if you occupy or use a new building without having obtained a certificate of completion or a temporary certificate of occupation.

It is also an offence to contravene the requirements of the building regulations.

The local authority can take enforcement action in each instance. There are penalties which impose a liability of a maximum fine of £5,000 with an additional fine of £50 per day if the offence continues.

18. IS IT NECESSARY TO OBTAIN A CERTIFICATE OF COMPLETION WHEN MY BUILDING WORK IS FINISHED?

Yes. You should complete and return to your local authority an application for a certificate of completion, together with a certificate of compliance for the electrical installation where appropriate when the warrant work is complete. No fees are payable.

These forms are usually sent out with your warrant. If they are not contact the building control service in your area who will arrange to send them to you.

Building control will arrange to inspect the work and advise you within fourteen days of any matters requiring your attention or grant the completion certificate.

19. IF WORK HAS BEEN CARRIED OUT TO MY PROPERTY AND I DO NOT HAVE A BUILDING WARRANT, WHAT DO I DO?

and

20. IF WORK HAS BEEN CARRIED OUT TO MY PROPERTY AT SOME TIME IN THE PAST, HOW DO I KNOW IF A BUILDING WARRANT HAS BEEN GRANTED?

In both situations contact the building control department of your local authority to explain the work about which you are concerned. They may be able to check their records to determine if the work described by you is or has been the subject of a warrant.

If there is no record of a warrant having been granted you will be advised on how to proceed to effect clearance of your enquiry in terms of the building regulations. Each local authority has a system for dealing with such enquiries all of which are designed to help satisfy the answers expected by the legal profession in these circumstances particularly in matters of property conveyance. Local authorities may have charges for this service and will advise you accordingly.

21. DOES BUILDING CONTROL HAVE ANY OTHER RESPONSIBILITIES?

Yes. A local authority is responsible for the safety of the public and persons frequenting buildings. If a building is found to be dangerous or reported to the local authority as being dangerous the authority will immediately take appropriate action to safeguard the occupants and passers by.

Thereafter negotiations with the owner(s) ensue.

Repairs can also be enforced by a local authority where these are likely to cause deterioration to a building or adjacent building(s).

22. WHERE CAN I GET GENERAL ADVICE ON BUILDING MATTERS?

It is advised that you contact your local authority for help and advice on any matters concerning the condition of your building or changes you wish to consider making to your building.

A list of Local Council Building Control Offices is detailed below:

Local Council Building Control Offices

	Aberdeen City Council	01224 523470
	Aberdeenshire Council	North (Banff) 01261 813200 Central (Inverurie) 01467 620981 South (Stonehaven) 01569 768300
	Angus Council	01307 461460
	Argyll and Bute Council	HQ - Lochgilphead 01546 602127
	Area Offices	Bute & Cowal 01369 708600 Helensburgh & Lomond 01436 658883 Mid Argyll, Kintyre & Islay 01546 602127 Oban, Lorne & The Isles 01631 564481
	City of Edinburgh Council	0131 200 2000
	City of Glasgow Council	0141 287 5702
	Clackmannanshire Council	01259 452560
	Dumfries and Galloway Council	Stranraer 01776 702151 Castle Douglas 01556 502351 Dumfries 01387 260000 Lockerbie 01576 204422
	Dundee City Council	01382 433001
	East Ayrshire Council	Kilmarnock 01563 576790 Cumnock 01563 555320
	East Dunbartonshire Council	Bishopbriggs 0141 762 9000 Milngavie 0141 942 9000
	East Lothian Council	01620 827387
	East Renfrewshire Council	0141 577 3000
	Falkirk Council	01324 504450
	Fife Council	Cupar 01334 412200 Dunfermline 01383 313765 Kirkcaldy 01592 412900
	Highland Council	Dingwall 01349 868448 Dornoch 01862 812047 Fort William 01397 707015 Inverness 01463 724480 Kingussie 01540 661700 Nairn 01667 452757 Portree 01478 612412 Thurso 01847 894545 Wick 01955 607751
	Inverclyde Council	01475 882426
	Midlothian Council	0131 663 2881
	Moray Council	01343 563273 / 563243
	North Ayrshire Council	01294 324300
	North Lanarkshire Council	HQ - Cumbernauld 01236 616200 North (Cumbernauld) 01236 616200 Central (Coatbridge) 01236 812222 South (Motherwell) 01698 302201
	Orkney Islands Council	01856 873535
	Perth and Kinross Council	Perth 01738 476400 Blairgowrie 01250 875661 Crieff 01764 652443 Kinross 01577 862351 Pitlochry 01796 473113
	Renfrewshire Council	HQ (Paisley) 0141 842 5878 Renfrew 0141 886 2004 Johnstone 01505 331458
	Scottish Borders Council	01835 825060
	Shetland Islands Council	01595 744820
	South Ayrshire Council	01292 616140 / 616254
	South Lanarkshire Council	Clydesdale 01555 678618 East Kilbride 01355 806229 Hamilton 01698 452258 Rutherglen / Cambuslang 01355 806220
	Stirling Council	01786 443322
	West Dunbartonshire Council	Clydebank 01389 738575 Dumbarton 01389 738249
	West Lothian Council	01506 775222
	Comhairle nan Eilean Siar	Stornoway 01851 703773 Balivanich 01870 602425

APPENDIX

TECHNICAL STANDARDS FOR COMPLIANCE WITH THE BUILDING STANDARDS (SCOTLAND) REGULATIONS 1990, SI 1990 NO 2179 (S.187) (AS AMENDED)

Arrangements of Parts

	Part A:	General including: Definitions, References to published standards, Regulations 3-9, and Schedules 1-5
	Part B:	Fitness of materials
	Part C:	Structure
	Part D:	Structural fire precautions
	Part E:	Means of escape from fire, facilities for fire-fighting and means of warning of fire in dwellings and Enclosed Shopping Centres
	Part F:	Combustion Appliance installations and storage of liquid and gaseous fuels
	Part G:	Preparation of sites, Resistance to Moisture and Resistance to Condensation
	Part H:	Resistance to transmission of sound
	Part J:	Conservation of fuel and power
	Part K:	Ventilation of buildings
	Part M:	Drainage, Sanitary Facilities and Sanitary Facilities for the Disabled
	Part N:	Electrical installations and Aids to assist the hard of hearing
	Part P:	Miscellaneous hazards
	Part Q:	Access and Facilities for Dwellings
	Part R:	Storage of Waste
	Part S:	Access to and movement within buildings, and Protective Barriers

Amendments to 1990 Regulations:

The Building Standards (Scotland) Amendment Regulations 1993
(SI 1993 No 1457 (S.191))

The Building Standards (Scotland) Amendment Regulations 1994
(SI 1994 No 1266 (S.65))

The Building Standards (Scotland) Amendment Regulations 1996
(SI 1996 No. 2251 (S.183))

The Building (Scotland) Amendment Regulations 1997
(SI 1997 No. 2157 (S.150))

The Building Standards And Procedure Amendment (Scotland) Regulations 1999
(SSI 1999/173)



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