The Building (Scotland) Regulations 2004

Regulation 9

[F1 SCHEDULE 5 S BUILDING STANDARDS APPLICABLE TO DESIGN AND CONSTRUCTION

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)

SECTION 1: S STRUCTURE

Structure S

1.1   Every building must be designed and constructed in such a way that the loadings that are liable to act on it, taking into account the nature of the ground, will not lead to:

(a) the collapse of the whole or part of the building;

(b) deformations which would make the building unfit for its intended use, unsafe, or cause damage to other parts of the building or to fittings or to installed equipment; or

(c) impairment of the stability of any part of another building.

Disproportionate collapse S

1.2   Every building must be designed and constructed in such a way that in the event of damage occurring to any part of the structure of the building the extent of any resultant collapse will not be disproportionate to the original cause.

SECTION 2: S FIRE

Compartmentation S

2.1   Every building must be designed and constructed in such a way that in the event of an outbreak of fire within the building, fire and smoke are inhibited from spreading beyond the compartment of origin until any occupants have had the time to leave that compartment and any fire containment measures have been initiated.

Limitation S

This standard does not apply to domestic buildings.

Separation S

2.2   Every building, which is divided into more than one area of different occupation, must be designed and constructed in such a way that in the event of an outbreak of fire within the building, fire and smoke are inhibited from spreading beyond the area of occupation where the fire originated.

Structural protection S

2.3   Every building must be designed and constructed in such a way that in the event of an outbreak of fire within the building, the load-bearing capacity of the building will continue to function until all occupants have escaped, or been assisted to escape, from the building and any fire containment measures have been initiated.

Cavities S

2.4   Every building must be designed and constructed in such a way that in the event of an outbreak of fire within the building, the unseen spread of fire and smoke within concealed spaces in its structure and fabric is inhibited.

Internal linings S

2.5   Every building must be designed and constructed in such a way that in the event of an outbreak of fire within the building, the development of fire and smoke from the surfaces of walls and ceilings within the area of origin is inhibited.

Spread to neighbouring buildings S

2.6   Every building must be designed and constructed in such a way that in the event of an outbreak of fire within the building, the spread of fire to neighbouring buildings is inhibited.

Spread on external walls S

2.7   Every building must be designed and constructed in such a way that in the event of an outbreak of fire within the building, or from an external source, the spread of fire on the external walls of the building is inhibited.

Spread from neighbouring buildings S

2.8   Every building must be designed and constructed in such a way that in the event of an outbreak of fire in a neighbouring building, the spread of fire to the building is inhibited.

Escape S

2.9   Every building must be designed and constructed in such a way that in the event of an outbreak of fire within the building, the occupants, once alerted to the outbreak of the fire, are provided with the opportunity to escape from the building, before being affected by fire or smoke.

Escape lighting S

2.10   Every building must be designed and constructed in such a way that in the event of an outbreak of fire within the building, illumination is provided to assist in escape.

Communication S

2.11   Every building must be designed and constructed in such a way that in the event of an outbreak of fire within the building, the occupants are alerted to the outbreak of fire.

Limitation S

This standard applies only to a building which–

(a) is a dwelling;

(b) is a residential building; or

(c) is an enclosed shopping centre.

Fire service access S

2.12   Every building must be accessible to fire appliances and fire service personnel.

Fire service water supply S

2.13   Every building must be provided with a water supply for use by the fire service.

Limitation S

This standard does not apply to domestic buildings.

Fire service facilities S

2.14   Every building must be designed and constructed in such a way that facilities are provided to assist fire-fighting or rescue operations.

Automatic life safety fire suppression systems S

2.15   Every building must be designed and constructed in such a way that, in the event of an outbreak of fire within the building, fire and smoke will be inhibited from spreading through the building by the operation of an automatic life safety fire suppression system.

Limitation S

This standard applies only to a building which–

(a) is an enclosed shopping centre;

(b) is a residential care building;

(c) is a high rise domestic building; or

(d) forms the whole or part of a sheltered housing complex.

SECTION 3: S ENVIRONMENT

Site preparation – harmful and dangerous substances S

3.1   Every building must be designed and constructed in such a way that there will not be a threat to the building or the health of people in or around the building due to the presence of harmful or dangerous substances.

Limitation S

This standard does not apply to the removal of unsuitable material, including turf, vegetable matter, wood, roots and topsoil on the site of a building (other than a dwelling) intended to have a life not exceeding the period specified in regulation 6.

Site preparation – protection from radon gas S

3.2   Every building must be designed and constructed in such a way that there will not be a threat to the health of people in or around the building due to the emission and containment of radon gas.

Flooding and ground water S

3.3   Every building must be designed and constructed in such a way that there will not be a threat to the building or the health of the occupants as a result of flooding and the accumulation of ground water.

Moisture from the ground S

3.4   Every building must be designed and constructed in such a way that there will not be a threat to the building or the health of the occupants as a result of moisture penetration from the ground.

Existing drains S

3.5   Every building must not be constructed over an existing drain (including a field drain) that is to remain active.

Limitation S

This standard does not apply where it is not reasonably practicable to re-route an existing drain.

Surface water drainage S

3.6   Every building, and hard surface within the curtilage of a building, must be designed and constructed with a surface water drainage system that will–

(a) ensure the disposal of surface water without threatening the building and the health and safety of the people in and around the building; and

(b) have facilities for the separation and removal of silt, grit and pollutants.

Wastewater drainage S

3.7   Every wastewater drainage system serving a building must be designed and constructed in such a way as to ensure the removal of wastewater from the building without threatening the health and safety of the people in and around the building, and–

(a) that facilities for the separation and removal of oil, fat, grease and volatile substances from the system are provided;

(b) that discharge is to a public sewer or public wastewater treatment plant, where it is reasonably practicable to do so; and

(c) where discharge to a public sewer or public wastewater treatment plant is not reasonably practicable that discharge is to a private wastewater treatment plant or septic tank.

Limitation S

Standard 3.7(a) does not apply to a dwelling.

Private wastewater treatment systems – treatment plants S

3.8   Every private wastewater treatment plant or septic tank serving a building must be designed and constructed in such a way that it will ensure the safe temporary storage and treatment of wastewater prior to discharge.

Private wastewater treatment systems – infiltration systems S

3.9   Every private wastewater treatment system serving a building must be designed and constructed in such a way that the disposal of the wastewater to ground is safe and is not a threat to the health of the people in or around the building.

Precipitation S

3.10   Every building must be designed and constructed in such a way that there will not be a threat to the building or the health of the occupants as a result of moisture from precipitation penetrating to the inner face of the building.

Limitation S

This standard does not apply to a building where penetration of moisture from the outside will result in effects no more harmful than those likely to arise from use of the building.

Facilities in a dwelling S

3.11   Every building must be designed and constructed in such a way that–

(a) the size of any apartment or kitchen will ensure the welfare and convenience of all occupants and visitors; and

(b) an accessible space is provided to allow for the safe, convenient and sustainable drying of washing.

Limitation S

This standard applies only to a dwelling.

Sanitary facilities S

3.12   Every building must be designed and constructed in such a way that sanitary facilities are provided for all occupants of, and visitors to, the building in a form that allows convenience of use and that there is no threat to the health and safety of occupants or visitors.

Heating S

3.13   Every building must be designed and constructed in such a way that it can be heated and maintain heat at temperature levels that will not be a threat to the health of the occupants.

Limitation S

This standard applies only to a dwelling.

Ventilation S

3.14   Every building must be designed and constructed in such a way that the air quality inside the building is not a threat to the health of the occupants or to the capability of the building to resist moisture, decay or infestation.

Condensation S

3.15   Every building must be designed and constructed in such a way that there will not be a threat to the building or the health of the occupants as a result of moisture caused by surface or interstitial condensation.

Limitation S

This standard applies only to a dwelling.

Natural lighting S

3.16   Every building must be designed and constructed in such a way that natural lighting is provided to ensure that the health of the occupants is not threatened.

Limitation S

This standard applies only to a dwelling.

Combustion appliances – safe operation S

3.17   Every building must be designed and constructed in such a way that each fixed combustion appliance installation operates safely.

Combustion appliances – protection from products of combustion S

3.18   Every building must be designed and constructed in such a way that any component part of each fixed combustion appliance installation used for the removal of combustion gases will withstand heat generated as a result of its operation without any structural change that would impair the stability or performance of the installation.

Combustion appliances – relationship to combustible materials S

3.19   Every building must be designed and constructed in such a way that any component part of each fixed combustion appliance installation will not cause damage to the building in which it is installed by radiated, convected or conducted heat or from hot embers expelled from the appliance.

Combustion appliances – removal of products of combustion S

3.20   Every building must be designed and constructed in such a way that the products of combustion are carried safely to the external air without harm to the health of any person through leakage, spillage, or exhaust nor permit the re-entry of dangerous gases from the combustion process of fuels into the building.

Combustion appliances – air for combustion S

3.21   Every building must be designed and constructed in such a way that each fixed combustion appliance installation receives air for combustion and operation of the chimney so that the health of persons within the building is not threatened by the build-up of dangerous gases as a result of incomplete combustion.

Combustion appliances – air for cooling S

3.22   Every building must be designed and constructed in such a way that each fixed combustion appliance installation receives air for cooling so that the fixed combustion appliance installation will operate safely without threatening the health and safety of persons within the building.

Fuel storage – protection from fire S

3.23   Every building must be designed and constructed in such a way that–

(a) an oil storage installation, incorporating oil storage tanks used solely to serve a fixed combustion appliance installation providing space heating or cooking facilities in a building, will inhibit fire from spreading to the tank and its contents from within, or beyond, the boundary; or

(b) a container for the storage of woody biomass fuel will inhibit fire from spreading to its contents from within or beyond the boundary.

Limitation S

This standard does not apply to portable containers.

Fuel storage – containment S

3.24   Every building must be designed and constructed in such a way that–

(a) an oil storage installation, incorporating oil storage tanks used solely to serve a fixed combustion appliance installation providing space heating or cooking facilities in a building, will–

(i) reduce the risk of oil escaping from the installation;

(ii) contain any oil spillage likely to contaminate any water supply, groundwater, watercourse, drain or sewer; and

(iii) permit any spill to be disposed of safely.

(b) it allows the number of journeys by delivery vehicles to be minimised due to the volume of woody biomass fuel storage.

Limitation S

This standard does not apply to portable containers.

Solid waste storage S

3.25   Every building must be designed and constructed in such a way that accommodation for solid waste storage is provided which–

(a) permits access for storage and for the removal of its contents;

(b) does not threaten the health of people in and around the building; and

(c) does not contaminate any water supply, ground water or surface water.

Limitation S

This standard applies only to a dwelling.

Dungsteads and farm effluent tanks S

3.26   Every building must be designed and constructed in such a way that there will not be a threat to the health and safety of people from a dungstead and farm effluent tank.

SECTION 4: S SAFETY

Access to buildings S

4.1   Every building must be designed and constructed in such a way that all occupants and visitors are provided with safe, convenient and unassisted means of access to the building.

Limitation S

There is no requirement to provide access for a wheelchair user to–

(a) a house, between either the point of access to or from any car parking within the curtilage of a building and an entrance to the house where it is not reasonably practicable to do so; or

(b) a common entrance of a domestic building not served by a lift, where there are no dwellings entered from a common area on the entrance storey.

Access within buildings S

4.2   Every building must be designed and constructed in such a way that–

(a) in non-domestic buildings, safe, unassisted and convenient means of access is provided throughout the building;

(b) in residential buildings, a proportion of the rooms intended to be used as bedrooms must be accessible to a wheelchair user;

(c) in domestic buildings, safe and convenient means of access is provided within common areas and to each dwelling;

(d) in dwellings, safe and convenient means of access is provided throughout the dwelling; and

(e) in dwellings, unassisted means of access is provided to, and throughout, at least one level.

Limitation S

There is no requirement to provide access suitable for a wheelchair user–

(a) in a non-domestic building not served by a lift, to a room, intended to be used as a bedroom, that is not on an entrance storey; or

(b) in a domestic building not served by a lift, within common areas and to each dwelling, other than on an entrance storey.

Stairs and ramps S

4.3   Every building must be designed and constructed in such a way that every level can be reached safely by stairs or ramps.

Pedestrian protective barriers S

4.4   Every building must be designed and constructed in such a way that every sudden change of level that is accessible in, or around, the building is guarded by the provision of pedestrian protective barriers.

Limitation S

This standard does not apply where the provision of pedestrian protective barriers would obstruct the use of areas so guarded.

Electrical safety S

4.5   Every building must be designed and constructed in such a way that the electrical installation does not–

(a) threaten the health and safety of the people in, and around, the building; and

(b) become a source of fire.

Limitation S

This standard does not apply to an electrical installation–

(a) serving a building or any part of a building to which the Mines and Quarries Act 1954 F2 or the Factories Act 1961 F3 applies; or

(b) forming part of the works of an undertaker to which regulations for the supply and distribution of electricity made under the Electricity Act 1989 F4 apply.

Textual Amendments

F2 1954 c. 70, as extended by the Mines and Quarries (Tips) Act 1969 (c. 10), and the Mines Management Act 1971 (c. 20) and as amended by the Constitutional Reform Act 2005 (c. 4).

F3 1961 c. 34.

F4 1989 c. 29.

Electrical fixtures S

4.6   Every building must be designed and constructed in such a way that electric lighting points and socket outlets are provided to ensure the health, safety and convenience of occupants and visitors.

Limitation S

This standard applies only to domestic buildings where a supply of electricity is available.

Aids to communication S

4.7   Every building must be designed and constructed in such a way that it is provided with aids to assist those with a hearing impairment.

Limitation S

This standard does not apply to domestic buildings.

Danger from accidents S

4.8   Every building must be designed and constructed in such a way that–

(a) people in and around the building are protected from injury that could result from fixed glazing, projections or moving elements on the building;

(b) fixed glazing in the building is not vulnerable to breakage where there is the possibility of impact by people in and around the building;

(c) both faces of a window and rooflight in a building are capable of being cleaned such that there will not be a threat to the cleaner from a fall resulting in severe injury;

(d) a safe and secure means of access is provided to a roof; and

(e) manual controls for ventilation and for electrical fixtures can be operated safely.

Limitation S

Standard 4.8(d) does not apply to domestic buildings.

Danger from heat S

4.9   Every building must be designed and constructed in such a way that protection is provided for people in, and around, the building from the danger of severe burns or scalds from the discharge of steam or hot water.

Fixed seating S

4.10   Every building, which contains fixed seating accommodation for an audience or spectators, must be designed and constructed in such a way that a number of level spaces for wheelchairs are provided proportionate to the potential audience or spectators.

Limitation S

This standard does not apply to domestic buildings.

Liquefied petroleum gas storage S

4.11   Every building must be designed and constructed in such a way that each liquefied petroleum gas storage installation, used solely to serve a combustion appliance providing space heating, water heating, or cooking facilities, will–

(a) be protected from fire spreading to any liquefied petroleum gas container; and

(b) not permit the contents of any such container to form explosive gas pockets in the vicinity of any container.

Limitation S

This standard does not apply to a liquefied petroleum gas storage container, or containers, for use with portable appliances.

Vehicle protective barriers S

4.12   Every building accessible to vehicular traffic must be designed and constructed in such a way that every change in level is guarded.

SECTION 5: S NOISE

Resisting sound transmission to dwellings using appropriate constructions S

5.1   Every building must be designed and constructed in such a way that each wall and floor separating one dwelling from another, or one dwelling from another part of the building, or one dwelling from a building other than a dwelling, will limit the transmission of noise to the dwelling to a level that will not threaten the health of the occupants of the dwelling or inconvenience them in the course of normal domestic activities provided the source noise is not in excess of that from normal domestic activities.

Limitation S

This standard does not apply to–

(a) fully detached houses; or

(b) roofs or walkways with access solely for maintenance, or solely for the use, of the residents of the dwelling below.

SECTION 6: S ENERGY

Carbon dioxide emissions S

6.1   Every building must be designed and constructed in such a way that–

(a) the energy performance is calculated in accordance with a methodology which is asset based, conforms with the European Directive on the Energy Performance of Buildings 2002/91/EC F5 and uses UK climate data; and

(b) the energy performance of the building is capable of reducing carbon dioxide emissions.

Textual Amendments

F5 O.J. L 001, 4.1.2003, p.65–71.

Limitation S

This standard does not apply to–

(a) alterations and extensions to buildings;

(b) conversions of buildings;

(c) non-domestic buildings and buildings that are ancillary to a dwelling that are stand-alone having an area less than 50 square metres;

(d) buildings, which will not be heated or cooled other than by heating provided solely for the purpose of frost protection; or

(e) limited life buildings which have an intended life of less than 2 years.

Building insulation envelope S

6.2   Every building must be designed and constructed in such a way that an insulation envelope is provided which reduces heat loss.

Limitation S

This standard does not apply to–

(a) non-domestic buildings which will not be heated, other than heating provided solely for the purposes of frost protection;

(b) communal parts of domestic buildings which will not be heated, other than heating provided solely for the purposes of frost protection; or

(c) buildings which are ancillary to dwellings, other than conservatories, which are either unheated or provided with heating which is solely for the purpose of frost protection.

Heating system S

6.3   Every building must be designed and constructed in such a way that the heating and hot water service systems installed are energy efficient and are capable of being controlled to achieve optimum energy efficiency.

Limitation S

This standard does not apply to–

(a) buildings which do not use fuel or power for controlling the temperature of the internal environment;

(b) heating provided solely for the purpose of frost protection; or

(c) individual solid-fuel or oil-firing stoves or open-fires, gas or electric fires or room heaters (excluding electric storage and panel heaters) provided as secondary heating in domestic buildings.

Insulation of pipes, ducts and vessels S

6.4   Every building must be designed and constructed in such a way that temperature loss from heated pipes, ducts and vessels, and temperature gain to cooled pipes and ducts, is resisted.

Limitation S

This standard does not apply to–

(a) buildings which do not use fuel or power for heating or cooling either the internal environment or water services;

(b) buildings, or parts of a building, which will not be heated, other than heating provided solely for the purpose of frost protection;

(c) pipes, ducts or vessels that form part of an isolated industrial or commercial process; or

(d) cooled pipes or ducts in domestic buildings.

Artificial and display lighting S

6.5   Every building must be designed and constructed in such a way that the artificial or display lighting installed is energy efficient and is capable of being controlled to achieve optimum energy efficiency.

Limitation S

This standard does not apply to–

(a) process and emergency lighting components in a building;

(b) communal areas of domestic buildings; or

(c) alterations in dwellings.

Mechanical ventilation and air conditioning S

6.6   Every building must be designed and constructed in such a way that–

(a) the form and fabric of the building minimises the use of mechanical ventilating or cooling systems for cooling purposes; and

(b) in non-domestic buildings, the ventilating and cooling systems installed are energy efficient and are capable of being controlled to achieve optimum energy efficiency.

Limitation S

This standard does not apply to buildings which do not use fuel or power for ventilating or cooling the internal environment.

Commissioning building services S

6.7   Every building must be designed and constructed in such a way that energy supply systems and building services which use fuel or power for heating, lighting, ventilating and cooling the internal environment and heating the water, are commissioned to achieve optimum energy efficiency.

Limitation S

This standard does not apply to–

(a) major power plants serving the National Grid;

(b) the process and emergency lighting components of a building;

(c) heating provided solely for the purpose of frost protection; or

(d) energy supply systems used solely for industrial and commercial processes, leisure use and emergency use within a building.

Written information S

6.8   The occupiers of a building must be provided with written information by the owner–

(a) on the operation and maintenance of the building services and energy supply systems; and

(b) where any air conditioning system in the building is subject to regulation 17, stating a time based interval for inspection of the system.

Limitation S

This standard does not apply to–

(a) major power plants serving the National Grid;

(b) buildings which do not use fuel or power for heating, lighting, ventilating and cooling the internal environment and heating the water supply services;

(c) the process and emergency lighting components of a building;

(d) heating provided solely for the purpose of frost protection;

(e) lighting, ventilation and cooling systems in a domestic building; or

(f) energy supply systems used solely for industrial and commercial processes, leisure use and emergency use within a building.

Energy Performance Certificates S

6.9   Every building must be designed and constructed in such a way that–

[F6 (a) an energy performance certificate for the building is affixed to the building; and]

(c) the energy performance certificate is displayed in a prominent place within the building.

Textual Amendments

F6 Sch. 5 para. 6.9(a) substituted for para. 6.9(a)(b) (4.1.2009) by The Building (Scotland) Amendment Regulations 2008 (S.S.I. 2008/310), regs. 1, 2(4)

Limitation S

(a) This standard does not apply to–

(i) buildings which do not use fuel or power for controlling the temperature of the internal environment;

(ii) non-domestic buildings and buildings that are ancillary to a dwelling that are stand-alone having an area less than 50 square metres;

(iii) conversions, alterations and extensions to buildings; or

(iv) limited life buildings which have an intended life of less than 2 years.

(b) Standard 6.9(c) only applies to buildings with a floor area of more than 1000 square metres, which are occupied by public authorities and institutions providing public services, which can be visited by the public.

Metering S

6.10   Every building must be designed and constructed in such a way that each part of a building designed for different occupation is fitted with fuel consumption meters.

Limitation S

This standard does not apply to–

(a) communal areas of buildings in different occupation;

(b) district or block heating systems where each part of the building designed for different occupation is fitted with heat meters;

(c) heating fired by solid fuel or biomass; or

(d) heating for individual dwellings fired by LPG or oil.]