http://www.legislation.gov.uk/ssi/2004/406/regulation/13The Building (Scotland) Regulations 2004texttext/xmlenStatute Law DatabaseBUILDING AND BUILDINGS2026-04-24Expert Participation2026-04-06 These Regulations which are made under sections 1, 3(3), 8(8), 54, 56 of, and Schedule 1 to, the Building (Scotland) Act 2003 prescribe functional standards for buildings. These are to be found in Schedule 5 of these Regulations and cover a wide subject area. They are part of the reform of the building standards system as set out in the Building (Scotland) Act 2003. 131No person shall carry out work unless the following provisions of this regulation are complied with.2Subject to paragraph (3), where work is to be carried out on any building site or building which is within 3.6 metres of any part of a road or other place to which members of the public have access (whether or not on payment of a fee or charge) there shall, prior to commencement of the work, be erected protective works so as to separate the building site or building or that part of the building site or building on which work is to be carried out from that road or other place.3Nothing in paragraph (2) shall require the provision of protective works in any case where the local authority is satisfied that no danger to the public is caused, or is likely to be caused, by the work.4The protective works referred to in the preceding paragraphs are all or any of–aproviding hoardings, barriers or fences;bsubject to paragraph (5), where necessary to prevent danger, providing footpaths outside such hoardings, barriers or fences with safe and convenient platforms, handrails, steps or ramps, and substantial overhead coverings;cany other protective works which in the opinion of the local authority are necessary to ensure the safety of the public,all of such description, material and dimensions and in such position as the local authority may direct.5Nothing in paragraph (4)(b) shall require the provision of a platform, handrail, step or ramp–awhere no part of the existing footpath is occupied by the protective works or in connection with the work; orbwhere that part of an existing footpath remaining unoccupied affords a safe means of passage for people, and is of a width of not less than 1.2 metres or such greater width as the local authority may direct.6Any protective works shall be so erected as to cause no danger to the public and shall be maintained to the satisfaction of the local authority.7Subject to paragraph (8) any protective works shall be removed–ain the case of a building which has been constructed by virtue of a warrant, not more than 14 days or such longer period as the local authority may direct from the date of acceptance of the certificate of completion; andbin any other case, on completion of the work.8Nothing in paragraphs (1) to (7) of this regulation shall prohibit the removal of the protective works or any part thereof prior to the completion of the work where the local authority is satisfied that no danger to the public is caused or is likely to be caused as a result of their removal.9Any protective works shall be illuminated, and any such works which project on to or over that part of a road which is not a pavement or footpath shall be provided with such markings, as in the opinion of the local authority are necessary to secure the safety of the public.10Where work has been carried out without the provision of protective works, or where work on a building site has stopped or a building site has been abandoned, a local authority may require the site owner to carry out protective works.