Building (Scotland) Act 2003

11 Building warrants: certification of design

(1) On making an application under section 9 for a building warrant or for amendment of a warrant, the applicant may submit to the verifier a certificate issued by an approved certifier of design certifying (either or both)—

(a) that the design of the building, or of such part of it as is specified in the certificate, complies with building regulations,

(b) in relation to work for construction or demolition or for provision of services, fittings or equipment, that the proposed method of working, or any part of it, complies with building regulations.

(2) In subsection (1), “design” includes the specification of the material to be used.

(3) In determining the application, the verifier must accept the certificate as conclusive of the facts to which it relates.

(4) Any approved certifier of design who—

(a) issues a certificate under subsection (1) containing a statement which the certifier knows to be false or misleading in a material particular, or

(b) recklessly issues a certificate under subsection (1) which is false or misleading in a material particular,

is guilty of an offence.

(5) In this section, “certificate” means a certificate which the approved certifier of design is authorised to issue—

(a) in the case of such a certifier appointed under section 7(1), by the terms of the certifier’s appointment,

(b) in the case of a person who is such a certifier by virtue of membership of a scheme approved under section 7(2), by the scheme as approved.