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Building (Scotland) Act 2003

Section 2: Continuing requirements

15.Subsections (1) and (2) give the Scottish Ministers the power to impose continuing requirements on building owners through building regulations, so that the purposes of particular provisions of building regulations are not frustrated once work on a building has been completed and the completion certificate accepted.

16.Subsection (3) makes it clear that a continuing requirement cannot apply to a particular building unless the building regulation which the requirement is designed to protect applies to the building.

17.Subsection (4) provides that continuing requirements may be imposed by building regulations in relation to buildings of such description as the regulations may specify and to existing buildings, even where the relevant building regulations did not apply to them when they were built. An example of a continuing requirement might be that a sprinkler system must be tested and maintained periodically.

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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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