1. These Regulations may be cited as the Building (Fees) (Scotland) Amendment Regulations 2008 and come into force on 4th January 2009.
2. The Building (Fees) (Scotland) Regulations 2004(1) are amended in accordance with regulations 3, 4 and 5.
3. In regulation 3(1) (fees for applications for building warrants and completion certificates) for “4 and 5” substitute “4, 5 and 6”.
4. In regulation 5–
(a)for the heading substitute “Discounts – certificates of design”;
(b)in paragraph (1) for “(2) and (3)” substitute “(2), (3) and (3A)”;
(c)after paragraph 3 insert–
“(3A) The fee payable in respect of an application for amendment of a building warrant may only be discounted where the estimated value of the additional work exceeds £5000.”; and
(d)for paragraph (4) substitute–
“(4) In this regulation–
(a)“certificate” has the same meaning as in section 11(5) of the Act; and
(b)“the fee which would otherwise be payable” means the fee payable before applying any discount in terms of regulation 6.”.
5. In regulation 6–
(a)for the heading substitute “Discounts – certificates of construction”;
(b)in paragraph (1) after “construction are” insert “or are to be”; and
(c)for paragraphs (2) to (6) substitute–
“(2) Where–
(a)when submitting an application for a building warrant, an applicant informs the verifier in writing that the applicant intends to present a specified number of certificates from an approved certifier of construction to the verifier with the completion certificate; or
(b)a completion certificate is submitted as provided for in regulation 3(1)(b) and is accompanied by one or more certificates of construction,
the fee payable for the building warrant is to be discounted by an amount calculated in accordance with paragraphs (3) to (5).
(3) Subject to paragraphs (4) and (5), the discount is an amount equivalent to 1% of the fee payable for–
(a)each certificate which the applicant has informed the verifier is to be presented under paragraph (2)(a); or
(b)each certificate presented under paragraph (2)(b).
(4) Where the applicant–
(a)informs the verifier under paragraph (2)(a) that the applicant intends to present; or
(b)presents under paragraph (2)(b),
one certificate covering the construction of the entire building, the amount of discount is an amount equivalent to 20% of the fee payable.
(5) In no case shall the discounts applicable by virtue of this regulation exceed 20% of the fee payable in respect of the application or submission, as the case may be.
(6) Where the fee for an application has been discounted by virtue of paragraph (2) but one or more certificates of construction are not subsequently presented with the completion certificate, the fee that would otherwise have been payable becomes due.”.
STEWART STEVENSON
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
27th November 2008