The Building (Scotland) Amendment Regulations 2022

EXPLANATORY NOTE

(This note is not part of the Regulations)

These Regulations amend the Building (Scotland) Regulations 2004 (the “2004 Regulations”) and (other than Part 3) come into force on 1 June 2022. Part 3 comes into force on 1 October 2022.

Regulation 3 amends regulation 8 (fitness and durability of materials and workmanship). It adds paragraph (3) which requires work to be carried out so that the materials which form part of an external wall cladding system or specified attachment of a relevant building are classified in accordance with the prescribed standard (subject to certain exclusions set out in paragraph (4)). Paragraph (5) is added which prohibits the use of highly combustible metal composite material in an external wall cladding systems or internal lining. Paragraph (6) sets out definitions of the terms “highly combustible metal composite material”, “relevant building”, “specified attachment” and “substantial layer”.

Regulation 4 amends schedule 3 (descriptions of buildings and work, including the provision of services, fittings and equipment, not requiring a warrant). Regulation 4(a) amends paragraph 17 so that any work associated with the application of an external wall cladding system will require a building warrant. Regulation 4(b) amends paragraph 25 by omitting the word “cladding” from the work type so that, subject to new paragraph 25A inserted by regulation 4(c), any work associated with the replacement, in whole or in part, of cladding, internally or externally, will require a warrant. Regulation 4(c) inserts paragraph 25A to allow the replacement of part of an external wall cladding system without a building warrant only if the replacement is to make a minor repair.

Regulation 5, in Part 2 of these Regulations, amends paragraph 2.7 (spread on external walls) of schedule 5 (building standards applicable to design and construction) to require that regard be taken of the height, use and position of the building in order to comply with the standard.

Regulation 6 is a transitional provision, the effect of which is that the regulations in Part 2 of these Regulations will not apply to work which does not require a building warrant which is completed before 1 June 2022 or not completed before that date where the contract for the work is entered into before 1 June 2022 and the work is completed on or before 30 September 2022. The transitional provision for the regulations in Part 3 of these Regulations is contained in regulation 11, which provides that the regulations in that Part will not apply to work which does not require a building warrant which is completed before 1 October 2022 or not completed before that date where the contract for the work is entered into before 1 October 2022 and the work is completed on or before 31 January 2023.

Regulation 9(a), in Part 3 of these Regulations, amends schedule 5 to introduce a new building standard by inserting paragraph 3.28 (overheating risk) to require certain buildings to be designed and constructed in such a way that the risk to the health and safety of the occupants is reduced. Regulation 10 amends paragraph 2(c) of schedule 6 (building standards applicable to conversions) so that in respect of conversions to which the 2004 Regulations apply, the standard in paragraph 3.28 must be met in so far as is reasonably practicable and in no case be worse than before the conversion. Regulation 9(b) amends paragraph 6.1 (carbon emissions) to require the design and construction of a building to be capable of reducing the energy demand of the building and provides that standard 6.1(b) only applies in respect of a building which is heated or cooled, or in which hot water is made available, by means of a direct emissions heating system. “Direct emissions heating system” is a newly defined term inserted in regulation 2 (interpretation) of the 2004 Regulations by regulation 8.

Regulation 9(c) amends paragraph 6.7 (commissioning building services) so that the standard also applies to control systems and requires that energy supply systems, control systems and building services are commissioned to achieve effective operation and optimum energy efficiency.