Building (Scotland) Act 2003

19 Completion certificates: certification of construction

(1) On submitting a completion certificate to a verifier under this Act, the person submitting the completion certificate may submit to the verifier a certificate issued by an approved certifier of construction certifying in relation to the building in question that such construction as is specified in the certificate complies with building regulations.

(2) In subsection (1), the reference to building regulations is—

(a) in relation to a completion certificate submitted under subsection (1) of section 17, to those regulations as they applied for the purposes of the building warrant,

(b) in relation to a completion certificate submitted under subsection (4) of that section, to those regulations as they have effect on the date on which the completion certificate is submitted.

(3) In determining whether or not to accept the completion certificate, the verifier must accept the certificate of the approved certifier of construction as conclusive of the facts to which it relates.

(4) Any approved certifier of construction 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”, in relation to construction, means a certificate which the approved certifier of construction 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,

• “construction” includes any building or work in relation to a building and includes services, equipment and fittings provided in or in connection with a building.