The Building Standards and Procedure Amendment (Scotland) Regulations 1999

Explanatory Note

(This note is not part of the Regulations)

These Regulations make further amendments to the Building Standards (Scotland) Regulations 1990 (the “1990 Regulations”) and the Building (Procedure) (Scotland) Regulations 1981. The amendments deal mainly with Part F (Heat-Producing Installations and Storage of Liquid and Gaseous Fuels) and Part T (Access and Facilities for Disabled People) of the Technical Standards for compliance with the Building Standards (Scotland) Regulations 1990.

Amendment of the definition of “Technical Standards” at regulation 2(2) gives effect, through the substitute pages mentioned therein, to these amendments and to a number of other minor changes to the Technical Standards to remove inconsistencies and for clarification purposes.

Concerns over carbon monoxide poisonings, changes in the design of gas boilers and fires, and a desire to reduce pollution from oil tanks have necessitated the amendments to Part F. The amendments to Part T integrate access and facilities for disabled people throughout the Regulations resulting in the discontinuance of Part T as a separate Part and provide access for disabled people to all new dwellings. Parts Q and S are amended accordingly. Regulation 33 is revoked and the requirements included in the other regulations as necessary. Regulation 25A covers sanitary facilities for disabled people, and standards have been incorporated in Part M. Regulation 26A is added to cover aids to assist the hard of hearing and standards inserted in Part N. Regulation 29 has expanded access provision that is detailed in Part Q. Regulation 32 on stairs etc. is re-written to cover “access to and movement within buildings, and protective barriers”.

Changes to the other parts are relatively minor. Part A has amendments to definitions and schedules of exempt works etc., many a consequence of changes to other Parts. Part C now permits the use of European Standards in structural calculations, and the appendix to Part J dealing with the Standard Assessment Procedure for energy rating of dwellings now incorporates a reference to the source document from the Building Research Establishment rather than duplicating the text; and Parts D, E, G, K and R have other minor changes.

These Regulations come into force on 17th April 2000, but do not apply to any construction or change of use of a building where application for warrant was made before that date.

These Regulations and their supporting Technical Standards were notified in draft to the European Commission and the other Member States in accordance with Directive 98/34/EC of the European Parliament and the Council (O.J. No. L204, 21.7.98, p.37) as amended by Directive 98/48/EC of the European Parliament and the Council (O.J. No. L217, 5.8.98, p.18).

Copies of the Technical Standards supporting the 1990 Regulations as amended are available from The Stationery Office.

Compliance Cost Assessments and Regulatory Impact Assessments of the effect of the revised Technical Standards have been carried out and summaries thereof have been deposited for inspection with the Scottish Parliament Information Centre.