http://www.legislation.gov.uk/ssi/2004/428/contents/made

The Building (Procedure) (Scotland) Regulations 2004

Council performance

King's Printer for Scotland

2016-08-26

BUILDING AND BUILDINGS

These Regulations which are made under the Building (Scotland) Act 2003 (“the Act”) set out the procedures to be followed in connection with the submission of applications for building warrants, completion certificates and other related matters. It also details the criteria to which the Scottish Ministers are to have regard when approving schemes in terms of section 7 of the Act and the process for appointment of verifiers and certifiers.

The Building (Procedure) (Scotland) Regulations 2004

reg 41

The Building (Procedure) (Scotland) Amendment Regulations 2007

reg 3

The Building (Procedure) (Scotland) Regulations 2004

reg 42

The Building (Procedure) (Scotland) Amendment Regulations 2007

reg 4

The Building (Procedure) (Scotland) Regulations 2004

reg 44

The Building (Procedure) (Scotland) Amendment Regulations 2007

reg 5

The Building (Procedure) (Scotland) Regulations 2004

reg 46

The Building (Procedure) (Scotland) Amendment Regulations 2007

reg 6

The Building (Procedure) (Scotland) Regulations 2004

reg 57

The Building (Procedure) (Scotland) Amendment Regulations 2007

reg 7

The Building (Procedure) (Scotland) Regulations 2004

reg 58

The Building (Procedure) (Scotland) Amendment Regulations 2007

reg 8

The Building (Procedure) (Scotland) Regulations 2004

reg 59

The Building (Procedure) (Scotland) Amendment Regulations 2007

reg 9

The Building (Procedure) (Scotland) Regulations 2004

reg. 2(1)

The Building (Miscellaneous Amendments) (Scotland) Regulations 2013

reg. 3(2)

reg. 5

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 41(bb)

The Building (Miscellaneous Amendments) (Scotland) Regulations 2013

reg. 3(3)(a)

reg. 5

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 41(bc)

The Building (Miscellaneous Amendments) (Scotland) Regulations 2013

reg. 3(3)(b)(i)

reg. 5

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 41(bd)

The Building (Miscellaneous Amendments) (Scotland) Regulations 2013

reg. 3(3)(b)(ii)

reg. 5

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 57(2)(b)

(iia)

The Building (Miscellaneous Amendments) (Scotland) Regulations 2013

reg. 3(4)

reg. 5

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 2

The Police and Fire Reform (Scotland) Act 2012 (Consequential Modifications and Savings) Order 2013

Sch. 2

para. 20

art. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 2(3)-(5)

The Building (Miscellaneous Amendments) (Scotland) Regulations 2017

reg. 2(2)

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 2A

The Building (Miscellaneous Amendments) (Scotland) Regulations 2017

reg. 2(3)

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 56(5)

The Building (Miscellaneous Amendments) (Scotland) Regulations 2017

reg. 2(4)(a)

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 56(6)

(7)

The Building (Miscellaneous Amendments) (Scotland) Regulations 2017

reg. 2(4)(b)

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

Sch. 2 section B para. 3(2)

The Building (Miscellaneous Amendments) (Scotland) Regulations 2017

reg. 2(5)(a)

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

Sch. 2 section C para. 4(2)

The Building (Miscellaneous Amendments) (Scotland) Regulations 2017

reg. 2(5)(b)

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 2A

The Building (Miscellaneous Amendments) (Scotland) Amendment Regulations 2017

reg. 2(2)

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 2(1)

The Building (Scotland) Amendment Regulations 2011

reg. 3(2)

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 41(bc)

The Building (Scotland) Amendment Regulations 2011

reg. 3(3)

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 57(2)(a)

(iia)

The Building (Scotland) Amendment Regulations 2011

reg. 3(4)(a)

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 57(2)(b)

(iiia)

The Building (Scotland) Amendment Regulations 2011

reg. 3(4)(b)

reg. 1

The Building (Procedure) (Scotland) Regulations 2004

reg. 2(1)

The Fire (Scotland) Act 2005 (Consequential Modifications and Amendments) (No. 2) Order 2005

sch. 1

para. 31

art. 1

The Building (Procedure) (Scotland) Regulations 2004

PART IGENERAL

1Citation and commencement

2Interpretation

PART IIAPPLICATION TO A VERIFIER FOR BUILDING WARRANT

3Application of this Part

4Making of application for building warrant

5Warrants granted where section 9(4) of the Act applies (staged warrants)

6Building warrants: conversion

7Building warrants: late applications

8Building warrants: rejection of applications

9Determination of application

10Consultation

11Consultation – Fire Authority

12Building warrants: staged warrants

13Building warrants: continuing requirements

14Discharge and variation of continuing requirements imposed by verifiers

15Building warrants: warrants for demolition

16Building warrants: limited life buildings

17Documents to be forwarded to local authority with copy building warrant or amendment

18Documents to be sent with notification to owner

19Duration of building warrant

PART IIIREFERENCE TO SCOTTISH MINISTERS FOR A VIEW IN RESPECT OF AN APPLICATION FOR A BUILDING WARRANT

20Making of a reference for a view

PART IVAPPLICATION TO SCOTTISH MINISTERS FOR A DIRECTION IN RELATION TO A PARTICULAR BUILDING

21Application of this Part

22Making of an application for direction

23Application for building warrant

24Intimation

PART VAPPLICATION TO SCOTTISH MINISTERS FOR A DIRECTION IN RELATION TO A DESCRIPTION OF BUILDING

25Application of this Part

26Making of an application for direction

27Process of consultation

28Determination

29Registration in Building Standards Register

PART VIVERIFIERS

30Appointment of verifiers

PART VIIPROCEDURE RELATING TO CERTIFICATION OF DESIGN AND CONSTRUCTION

31Appointment of certifiers

32Issue by certifiers of certificates of design and construction

33Issue of certificate by certifier of design

34Further certificates

35Schemes under section 7(2) of the Act

36Determination of Application for Approval of a Scheme

37Maintenance of records by certifiers

38Removal of verifiers and certifiers

39Verifiers having an interest in a building

40Evaluation of performance of verifiers and certifiers

PART VIIIPROCEDURE IN RELATION TO COMPLETION CERTIFICATES

41Submission of Completion Certificates

42Completion certificates – multiple buildings

43Acceptance and rejection of completion certificates

44Consideration of completion certificate

45Acceptance of completion certificates – multiple buildings

46Documents and information to be sent

47Rejection of completion certificate

48Information to fire authority

49Occupation or use without completion certificate

50Imposition of continuing requirements by verifiers

PART IXNOTICES BY LOCAL AUTHORITIES

51Notices served by local authorities

52Evacuation of Buildings

PART XGENERAL PROCEDURE OF LOCAL AUTHORITIES AND VERIFIERS

53Application of this Part

54Procedure at hearing

55Assessors

56Decisions of verifiers and local authorities

57Maintenance of records

58Inspection of records and applications

59Notices regarding work

60Deemed determination

61Requirement of tests by local authorities

SCHEDULE 1GENERAL INFORMATION TO BE CONTAINED IN APPLICATION UNDER REGULATION 4(1)(A)

1The name and address of the applicant.

2The name and address of any agent for the applicant....

3The name and address of the owner of the property....

4A brief description of the work in respect of which...

5A postal address (which in the case of a building...

6Current use of the building.

7Information for fee calculation.

8A declaration by the applicant as to–

9Where appropriate, certification in accordance with section 11 of the...

SCHEDULE 2INFORMATION TO BE SUBMITTED WITH SPECIFIC APPLICATIONS

SECTION AApplication for warrant to erect a building

1(a) General arrangement drawings comprising– (i) A plan of the...

2Where the site is not identifiable from the block plan...

SECTION BApplication for warrant to extend a building

3(1) Plans, sections, elevations, drawings and block plans as set...

SECTION CApplication for warrant to alter or convert a building or to provide services, fittings and equipment in or in connection with a building

4(1) Plans, sections, elevations, drawings and block plans of the...

5If required by the verifier, a structural assessment of the...

SECTION DApplication for warrant to demolish a building

6(1) Block plan to such scale (if any) as the...

SECTION EApplication for amendment of warrant under section 9(5) or (6) of the Act

7Plans, sections, elevations, drawings and block plans of the building...

SECTION FDirections

8Plans, specifications, test results and any other information in each...

SECTION GSupplementary information

9(1) Any requirement in this Schedule to show a dimension...

10Nothing in any of the Sections B to E of...

11Plans submitted along with an application to which these regulations...

2004 No. 428

BUILDING AND BUILDINGS

The Building (Procedure) (Scotland) Regulations 2004

Made30th September 2004

Laid before the Scottish Parliament1st October 2004

Coming into force in accordance with regulation 1

The Scottish Ministers, in exercise of the powers conferred by sections 9(3), 24(2), 33, 36, 38, 47(2), 54 of, and Schedules 2 and 3 to, the Building (Scotland) Act 20031, and of all other powers enabling them in that behalf, hereby make the following regulations: