The Building (Scotland) Amendment Regulations 2020

Scottish Statutory Instruments

2020 No. 275

Building And Buildings

The Building (Scotland) Amendment Regulations 2020

Made

7th September 2020

Laid before the Scottish Parliament

9th September 2020

Coming into force

1st March 2021

The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 1 and 54(2) and schedule 1 of the Building (Scotland) Act 2003(1), and all other powers enabling them to do so.

In accordance with section 1(2) of that Act they have consulted with such persons as appear to them to be representative of the interests concerned.

Citation and commencement

1.  These Regulations may be cited as the Building (Scotland) Amendment Regulations 2020 and come into force on 1 March 2021.

Amendment of the Building (Scotland) Regulations 2004

2.—(1) The Building (Scotland) Regulations 2004(2) are amended in accordance with paragraphs (2) and (3).

(2) In regulation 2(1) (interpretation)—

(a) omit the definition of “high rise domestic building”,

(b) after the definition of “sanitary facility” insert—

““shared multi-occupancy residential building” means a residential building occupied as a sole or main residence by more than six individuals where those occupying the building, or part of the building, share the use of sanitary facilities or facilities for the preparation of cooked food with other persons occupying the building, or part of the building,”,

(c) after the definition of “site” insert—

““social housing dwelling” means a dwelling occupied by virtue of a Scottish secure tenancy within the meaning of section 11 of the Housing (Scotland) Act 2001(3),”.

(3) In schedule 5 (building standards applicable to design and construction) in the limitation to the standard contained in paragraph 2.15 (automatic fire suppression systems)—

(a) omit paragraph (c),

(b) at the end of sub-paragraph (d) omit “or”,

(c) after paragraph (e) insert—

“(f) is a building containing a flat or maisonette,

(g) is a social housing dwelling, or

(h) is a shared multi-occupancy residential building.”.

KEVIN STEWART

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

7th September 2020

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building (Scotland) Regulations 2004. They amend building standard 2.15 in paragraph 2.15 of schedule 5 of those Regulations and insert relevant definitions into regulation 2. Building standard 2.15 requires certain buildings to be designed and constructed in such a way that, in the event of an outbreak of fire within the building, fire growth will be inhibited by the operation of an automatic fire suppression system. The amendments extend building standard 2.15 to apply to buildings containing flats or maisonettes, social housing dwellings and shared multi-occupancy residential buildings.

(1)

2003 asp 8; section 1 was amended by section 6(2) of the Public Services Reform (Scotland) Act 2010 (asp 8), schedule 1, paragraph 1 was amended by S.S.I. 2014/364.

(2)

S.S.I. 2004/406, as relevantly amended by S.S.I. 2008/310, S.S.I. 2010/32, S.S.I. 2011/120, S.S.I. 2011/211 and S.S.I. 2013/143.

(3)

2001 asp 10; section 11 was amended by S.S.I. 2003/331 and sections 12(1)(a) and 12(1)(b) of the Housing (Scotland) Act 2014 (asp 14).