Search Legislation

Building (Scotland) Act 2003

Status:

This is the original version (as it was originally enacted).

Interpretation

55Meaning of “building”

(1)In this Act “building” means any structure or erection, whether temporary or permanent, other than a structure or erection to which subsection (2) applies.

(2)This subsection applies to any structure or erection consisting of, or ancillary to—

(a)any public road (including any bridge on which the road is carried),

(b)any private road,

(c)any sewer or water main which is, or is to be, vested in Scottish Water,

(d)any aerodrome runway,

(e)any railway line,

(f)any large raised reservoir within the meaning of the Reservoirs Act 1975 (c. 23),

(g)any wires and cables, their supports above ground and other apparatus used for telephonic or telegraphic communication.

(3)In this Act, unless the context otherwise requires—

(a)references to a building include references to a prospective building,

(b)references to a building, structure or erection include references to a part of the building, structure or erection,

(c)in relation to the extension, alteration or conversion of a building, references to a building are to so much of the building as is comprised in the extension or the subject of the alteration or conversion.

(4)For the purposes of this Act and any orders and regulations made under it buildings may be classified by reference to size, description, design, purpose, location or any other characteristic whatsoever.

56Interpretation

(1)In this Act, unless the context otherwise requires—

  • “approved certifier of construction” and “approved certifier of design” are to be construed in accordance with section 7(1) and (2),

  • “building” is to be construed in accordance with section 55,

  • “building regulations” means regulations under section 1(1); and references to building regulations in relation to a building of a particular description are references to so much of the regulations as apply to a building of that description,

  • “building regulations compliance notice” has the meaning given by section 25(3),

  • “Building Standards Advisory Committee” has the meaning given in section 31(1),

  • “building standards register” has the meaning given in section 24(1),

  • “building warrant” has the meaning given in section 8(1) and includes, in the case of a warrant which has been granted, any conditions to which it is subject and any amendment which has been made to it,

  • “building warrant enforcement notice” has the meaning given by section 27(2),

  • “certifier” means an approved certifier of design or an approved certifier of construction,

  • “completion certificate” means a certificate submitted to a verifier under section 17(1), (4) or (7) or in pursuance of a building warrant enforcement notice under section 27(2)(a),

  • “construct” includes alter, erect and extend, and “construction” and related expressions are to be construed accordingly,

  • “continuing requirement enforcement notice” has the meaning given by section 26(2),

  • “convert”, in relation to a building, means to make such change in the occupation or use of the building as building regulations may specify, and “conversion” and related expressions are to be construed accordingly,

  • “dangerous building” is to be construed in accordance with section 29(1),

  • “dangerous building notice” has the meaning given in section 29(6),

  • “defective building notice” has the meaning given in section 28(1),

  • “local authority” means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39); and references to a local authority, in relation to a building, are to the authority in whose area the building is situated,

  • “owner”, in relation to land or buildings, includes any person who, under the Lands Clauses Acts, would be enabled to sell and convey the land or buildings to the promoters of an undertaking,

  • “private road” means a road not maintainable by the Scottish Ministers or a local roads authority (whether or not comprising a public right of way),

  • “procedure regulations” means regulations under section 33(1),

  • “public road” means a road maintainable by the Scottish Ministers or a local roads authority,

  • “road” has the same meaning as in the Roads (Scotland) Act 1984 (c. 54) except that it also includes any drain or ditch at the side of a road,

  • “verifier” means a person appointed in pursuance of section 7(1)(a),

  • “work” in relation to a building includes work carried out in relation to the enclosure and preparation of the site of the building.

(2)A building which is in the area of two or more local authorities is to be treated for the purposes of this Act as being wholly within the area of such one of them as they may agree or, failing agreement, as the Scottish Ministers may determine.

Back to top

Options/Help

Print Options

Close

Legislation is available in different versions:

Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.

Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.

Close

See additional information alongside the content

Show Explanatory Notes for Sections: Displays relevant parts of the explanatory notes interweaved within the legislation content.

Close

Opening Options

Different options to open legislation in order to view more content on screen at once

Close

Explanatory Notes

Text created by the Scottish Executive department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills

Close

More Resources

Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • correction slips
  • links to related legislation and further information resources
Close

More Resources

Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:

  • the original print PDF of the as enacted version that was used for the print copy
  • correction slips

Click 'View More' or select 'More Resources' tab for additional information including:

  • lists of changes made by and/or affecting this legislation item
  • confers power and blanket amendment details
  • all formats of all associated documents
  • links to related legislation and further information resources