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Building (Scotland) Act 2003


3.The Act sets out the framework for a new building standards (formerly building control) system in Scotland.

EC Construction Products Directive

4.Directive 89/106/EEC of the Council of the EC of 21 December 1988 established a framework for market harmonisation in construction products within the European Union. This framework was implemented in the United Kingdom by the Construction Products Regulations 1991.

5.The Directive as implemented in UK legislation by the 1991 Regulations requires that technical specifications set in the UK make use of harmonised standards issued by Europe. This means in Scotland that where building regulations cite a British Standard for a construction product or test method, it will have to be replaced by one or more European standards when they are produced. The provisions which make it easier for the Scottish Ministers to comply with these requirements are described below in relation to section 1.

Building standards system

6.The Act replaces the Building (Scotland) Act 1959 (the 1959 Act), which deals in the main with the setting of building standards, compliance with and enforcement of those standards and powers in relation to dangerous buildings. The standards themselves are prescribed in regulations, supported by technical standards for compliance with these regulations.

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.


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