The Building Standards (Scotland) Regulations 1990

Occupancy capacity

7.—(1) For the purposes of these Regulations, the occupancy capacity of a room or space shall be–

(a) in the case of a room or space described in column (1) of Schedule 4 the number (or in the case of a fractional number the next lowest whole number) obtained by dividing the area of the room or space in square metres by the relevant occupancy load factor specified in column (2) of that Schedule; or

(b) in any other case the number of persons the room or space is likely to accommodate in use.

(2) The occupancy capacity of a building or storey which is divided into rooms or spaces shall be–

(a) in the case of a storey of a building of purpose group 2 which is not open to the public and which contains both day rooms and sleeping rooms, the sum of the occupancy capacities of either the day rooms or the sleeping rooms, whichever is the greater; or

(b) in any other case the sum of the occupancy capacities of the rooms or spaces.

(3) Where a room or space is likely to be put to more than one use, the greater or greatest relevant occupancy capacity shall apply.

(4) In this regulation “space” includes a roof or other area open to the external air to which there is access for a purpose other than the maintenance of the building.