The Building (Scotland) Regulations 2004

Regulation 5

[F1 SCHEDULE 3 S DESCRIPTIONS OF BUILDING AND WORK, INCLUDING THE PROVISION OF SERVICES, FITTINGS AND EQUIPMENT, NOT REQUIRING A WARRANT

Textual Amendments

F1 Schs. 1-6 substituted (1.5.2007) by The Building (Scotland) Amendment Regulations 2006 (S.S.I. 2006/534), regs. 1, 2(c), sch. (with regs. 3, 4)

A. On condition that types 1–23 in all respects and/or in the manner of their fitting meet any standards required by the Regulations S

1.   Any work to or in a house. Except–Any work which increases the floor area of the house. Any demolition or alteration of the roof, external walls or elements of structure. Any work involving underpinning. Any work adversely affecting a separating wall. Any work involving a change in the method of wastewater discharge. Work, not being work of types 3 to 26 below, to a house having a storey, or creating a storey, at a height of more than 4.5 metres. S

2.   Any work to or in a non-residential building to which the public does not have access. Except–A non-residential building within which there is a domestic or residential building. Any work which increases the floor area of the building. Any demolition or alteration of the roof, external walls or elements of structure. Any work involving underpinning. Any work adversely affecting a separating wall. Any work involving a change in the method of wastewater discharge. Work, not being work of types 3 to 26 below, to a building having a storey, or creating a storey, at a height of more than 7.5 metres. S

[F2 2A.   [F3 Any] works to or in a building F4 ... that is a prison or a building where a person may be legally detained or otherwise legally held in custody. Except – Any work which increases the floor area of the building by more than 100 square metres. Any demolition or alteration of the roof, external walls or elements of structure. Any work involving underpinning. Any work adversely affecting a separating wall. Any work involving a change in the method of wastewater discharge. Work, not being work of types 3 to 26 below, to a prison or a building where a person may be legally detained or otherwise legally held in custody having a storey, or creating a storey, at a height of more than 7.5 metres. S

Textual Amendments

F2 Sch. 3 paras. 2A-2C inserted (1.5.2009) by The Building (Scotland) Amendment Regulations 2009 (S.S.I. 2009/119), regs. 1, 2(3)(a)

F3 Word in sch. 3 para. 2A substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(2)(a) (with reg. 3)

F4 Words in sch. 3 para. 2A omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(2)(b) (with reg. 3)

2B.   A building or any work to or in a building or the conversion of a building that is the Scottish Parliament. S

Textual Amendments

F2 Sch. 3 paras. 2A-2C inserted (1.5.2009) by The Building (Scotland) Amendment Regulations 2009 (S.S.I. 2009/119), regs. 1, 2(3)(a)

2C.   A building or any work to or in a building or the conversion of a building belonging to Her Majesty in right of Her private estates.] S

Textual Amendments

F2 Sch. 3 paras. 2A-2C inserted (1.5.2009) by The Building (Scotland) Amendment Regulations 2009 (S.S.I. 2009/119), regs. 1, 2(3)(a)

And, without prejudice to the generality of [F5 types 1 to 2C] above S

Textual Amendments

F5 Words in sch. 3 para. 3 heading substituted (1.5.2009) by The Building (Scotland) Amendment Regulations 2009 (S.S.I. 2009/119), regs. 1, 2(3)(b)

3.   A detached single-storey building, having an area exceeding 8 square metres but not exceeding 30 square metres. Except–A dwelling or residential building. A building ancillary to, or within the curtilage of, a dwelling. A building within 1 metre of a boundary. A building containing a fixed combustion appliance installation or sanitary facility. A swimming pool deeper than 1.2 metres. S

4.   A detached single-storey building, having an area exceeding 8 square metres but not exceeding 30 square metres, ancillary to and within the curtilage of a house. Except–A building within 1 metre of the house unless it is at least 1 metre from any boundary. A building containing a fixed combustion appliance installation or sanitary facility. A swimming pool deeper than 1.2 metres. S

5.   A detached single-storey building, having an area exceeding 8 square metres but not exceeding 30 square metres, ancillary to and within the curtilage of a flat or maisonette. Except–A building within 1 metre of the flat or maisonette or within 3 metres of any other part of the building containing the flat or maisonette. A building within 1 metre of a boundary. A building containing a fixed combustion appliance installation or sanitary facility. A swimming pool deeper than 1.2 metres. S

6.   Any work associated with a fixed combustion appliance installation or other part of a heating installation not being work of types 7 or 8 below. Except–Any work associated with a solid fuel appliance having an output rating more than 50 kW, an oil-firing appliance with an output rating more than 45 kW or a gas-fired appliance having a net input rating more than 70 kW. Any work associated with a chimney, flue pipe or constructional hearth. Any work associated with an oil storage tank with a capacity of more than 90 litres, including any pipework connecting the tank to a combustion appliance providing space or water heating or cooking facilities. Any work adversely affecting a separating wall or separating floor. S

7.   Any work associated with a balanced flue serving a room-sealed appliance. S

8.   Any work associated with pipework, radiators, convector heaters and thermostatic controls for, or associated with, type 6 above. S

9.   Any work associated with installing a flue liner. S

10.   Any work associated with refillable liquefied petroleum gas storage cylinders supplying, via a fixed pipework installation, combustion appliances used principally for providing space heating, water heating, or cooking facilities. S

11.   Any work associated with the provision of a single sanitary facility, together with any relevant branch soil or waste pipe. Except–Any work associated with a water closet, waterless closet or urinal. S

12.   Any work associated with the relocation within the same room or space of any sanitary facility, together with any relevant branch soil or waste pipe. S

13.   Any work associated with the provision of an extractor fan. S

14.   Any work associated with a stairlift within a dwelling. S

15.   Any work associated with the provision of a notice or other fixture for which there is no requirement provided in these regulations. S

[F6 15A.   Any work associated with affixing an energy performance certificate to a building.] S

Textual Amendments

F6 Sch. 3 para. 15A inserted (4.1.2009) by The Building (Scotland) Amendment Regulations 2008 (S.S.I. 2008/310), regs. 1, 2(3)

[F7 15B.   Any work associated with affixing a statement of sustainability to a building.] S

Textual Amendments

F7 Sch. 3 para. 15B inserted (1.5.2011) by The Building (Scotland) Amendment Regulations 2011 (S.S.I. 2011/120), regs. 1, 2(3)

16.   Any work associated with an outdoor sign that is subject to the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 F8 . S

Textual Amendments

F8 S.I. 1984/467.

17.   Any work associated with thermal insulating material to or within a wall, ceiling, roof or floor. Except–Any work associated with the application of [F9 an external wall cladding system that consists of thermal insulating material]. S

Textual Amendments

F9 Words in sch. 3 para. 17 substituted (1.6.2022) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(2), 4(a) (with reg. 6)

18.   A wall not exceeding 1.2 metres in height, or a fence not exceeding 2 metres in height. S

19.   Any work associated with open raised external decking. Except–Any decking at a height of more than 1.2 metres. Decking that forms part of any access provided to comply with the requirements in regulation 9 and paragraph 4.1 of Schedule 5. Decking that forms any escape route, other than from a flat or maisonette, provided to comply with the requirements in regulation 9 and paragraph 2.9 of Schedule 5. S

20.   A door, window, or rooflight when the work includes replacing the frame. S

21.   A paved area or hardstanding exceeding [F10 50 square metres in area but not exceeding] 200 square metres in area. A paved area forming part of an access to meet a requirement of these Regulations. S

Textual Amendments

F10 Words in sch. 3 para. 21 inserted (1.5.2009) by The Building (Scotland) Amendment Regulations 2009 (S.S.I. 2009/119), regs. 1, 2(3)(c)

22.   An electrical installation, including a circuit for telecommunication, alarm purposes or for the transmission of sound, vision or data, which operates at extra-low voltage (not exceeding 50 volts alternating current or 120 volts direct current, measured between conductors or to earth) and which is not connected directly or indirectly to an electricity supply which operates at a voltage higher than either of those specified above. S

23.   The construction of a ramp not exceeding 5 metres in length. S

[F11 AA. On condition that this type in all respects and/or in the manner of their fitting meet the requirements of standards 1.1, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 and 4.4 of schedule 5. S

Textual Amendments

F11 Sch. 3 AA heading and para. 23A inserted (1.7.2017) by The Building (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/188), regs. 1, 3(3) (as amended (30.6.2017) by The Building (Miscellaneous Amendments) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/214), regs. 1, 2(3))

23A.   A detached single-storey building used for shelter or sleeping in connection with recreation. Except- A dwelling. A building having an area exceeding 30 square metres. A building ancillary to another building. A building within 6 metres of a boundary or of another building. Any wastewater disposal system serving a building of this type. A building containing a gallery or galleries unless the gallery, or where there is more than one gallery, the galleries together, occupy an area not more than— S

(a) 8 square metres; or

(b) one-half of the area of the room or space in which the gallery is, or galleries are, situated,

whichever is the lesser.

Interpretation of paragraph 23A

In paragraph 23A, “gallery” means a raised floor or platform which is open to the room or space into which it projects and is not enclosed below.]

B. On condition that this work, service, fitting or equipment is to a standard no worse than at present S

24.   Any work associated with the replacement of a fitting or equipment, in whole or in part, by another of the same general type, including a sanitary facility (together with any relevant branch soil or waste pipe), rainwater gutter or downpipe, solid fuel combustion appliance, electrical fixture, ventilation fan, chimney or flue outlet fitting or terminal, fire hydrant or main, lift or escalator, solid waste chute or container, kitchen fitments or other fitted furniture and ironmongery. Except–Any door, window or rooflight. Any oil firing or gas fired boiler. S

25.   Any work associated with the replacement in whole or in part, by material of the same general type, of flooring, lining, F12 ... covering or rendering either internally or externally. S

Textual Amendments

F12 Word in sch. 3 para. 25 omitted (1.6.2022) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(2), 4(b) (with reg. 6)

[F13 25A.   Replacement of part of an external wall cladding system when the replacement is to make a minor repair.] S

Textual Amendments

F13 Sch. 3 para. 25A inserted (1.6.2022) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(2), 4(c) (with reg. 6)

26.   Any work to a door, window or rooflight, including glazing which is not a complete replacement falling within type 20 above.] S