Building (Scotland) Act 2003

12Building warrants: reference to Ministers

This section has no associated Explanatory Notes

(1)Where, in relation to an application under section 9 for a building warrant, the verifier or the applicant considers that there is doubt about—

(a)the extent to which the proposals in the application comply with any provision of building regulations, or

(b)whether it is necessary to impose continuing requirements under section 22,

the verifier or, as the case may be, the applicant may refer the matter to the Scottish Ministers.

(2)On a reference under subsection (1) the Scottish Ministers may, if they think fit, express a view on the matter referred to them and must intimate any such view to both the verifier and the applicant.

(3)In determining the application or, as the case may be, considering whether it is necessary to impose continuing requirements under section 22, the verifier must have regard to any view expressed under subsection (2).