The Building (Scotland) Regulations 2004

[F1 SECTION 4: S SAFETY

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)

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.

[F5 Security S

4.13   Every building must be designed and constructed in such a way that doors and windows, vulnerable to unlawful entry, can be secured to deter housebreaking and protect the safety and welfare of occupants.

Textual Amendments

F5 Sch. 5 para. 4.13 inserted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(h) (with reg. 3)

Limitation S

This standard applies only to domestic buildings.]

Textual Amendments

F5 Sch. 5 para. 4.13 inserted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(h) (with reg. 3)

[F6 In-building physical infrastructure for high-speed electronic communications networks S

4.14.   Every building and building unit must be designed and constructed in such a way that—

(a) a high-speed ready in-building physical infrastructure up to a network termination point for high-speed electronic communications network is provided; and

(b) in the case of a building which contains more than one building unit, a common access point for high-speed electronic communications networks is provided.

Textual Amendments

F6 Sch. 5 para. 4.14 inserted (1.7.2016) by The Building (Scotland) Amendment Regulations 2016 (S.S.I. 2016/70), regs. 1, 2(2) (with reg. 2)

Limitation S

This standard does not apply to—

(a) alterations or extensions to buildings that do not include major renovation works; or

(b) buildings having an area not exceeding 30 square metres, ancillary to and within the curtilage of a dwelling.

Interpretation of this standard

In this standard—

“access point” means a physical point, located inside or outside the building, accessible to undertakings providing or authorised to provide public communications networks, where connection to the high-speed ready in-building physical infrastructure is made available;

“building unit” means a part of a building which is designed or altered to be used separately;

“high-speed electronic communications network” means an electronic communications network which is capable of delivering broadband access services at speeds of at least 30 Mbps;

“high-speed ready in-building physical infrastructure” means in-building physical infrastructure intended to host elements, or enable delivery, of high-speed electronic communications networks;

“in-building physical infrastructure” means physical infrastructure or installations at the end-user’s location, including elements under joint ownership, intended to host wired or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;

“major renovation works” means works at the end-user’s location encompassing structural modifications of the entire in-building physical infrastructure, or of a significant part of it; and

“network termination point” means a physical point located inside or outside the building at which an occupier is provided with access to high-speed electronic communications networks.]]

Textual Amendments

F6 Sch. 5 para. 4.14 inserted (1.7.2016) by The Building (Scotland) Amendment Regulations 2016 (S.S.I. 2016/70), regs. 1, 2(2) (with reg. 2)