Explanatory Note
(This note is not part of the Regulations)
These Regulations which are made under sections 1, 3(3), 8(8), 54, 56 of, and Schedule 1 to, the Building (Scotland) Act 2003 prescribe functional standards for buildings. These are to be found in Schedule 5 of these Regulations and cover a wide subject area. They are part of the reform of the building standards system as set out in the Building (Scotland) Act 2003.
The Regulations apply to construction, conversion and demolition of buildings and also to the provision of services, fittings and equipment in or in connection with buildings (regulations 9 to 12). There are certain exempted types of buildings and services (regulation 3 and Schedule 1). There are also some descriptions of buildings and services which do not require a warrant (regulation 5 and Schedule 3).
The Regulations also specify a period of five years as the life of a limited life building (regulation 6).
The Regulations also make various provision for protective works for the safety of the public whilst work is being carried out on a building or building site (regulation 13). Supplementary matters regarding the cleaning of footpaths and security of unoccupied and partly completed buildings are also covered (regulations 14 and 15).
The Regulations come into force on 1st May 2005 but do not apply to any application for a warrant for work made before that date (regulation 17).
These Regulations were notified in draft to the European Commission and other Member States in accordance with Directive 98/34/EC, as amended by Directive 98/48/EC.