2007 No. 167
The Building (Procedure) (Scotland) Amendment Regulations 2007
Made
Laid before the Scottish Parliament
Coming into force
The Scottish Ministers in exercise of the powers conferred by section 33 and 54(2) of the Building (Scotland) Act 20031 and of all other powers enabling them in that behalf, hereby make the following regulations:
Citation and commencement1
These Regulations may be cited as the Building (Procedure) (Scotland) Amendment Regulations 2007 and shall come into force on 1st May 2007.
Amendment of Regulations
2
The Building (Procedure) (Scotland) Regulations 20042 are amended in accordance with regulations 3 to 9.
3
In regulation 41 (submission of completion certificates)–
a
omit the word “and” following paragraph (a)(ii)(dd);
b
omit paragraph (a)(ii)(ee);
c
omit the word “and” following paragraph (b)(iii); and
d
after paragraph (b) insert–
bb
in the case where the provisions of the building regulations require an energy performance certificate, a copy of that certificate; and
4
In regulation 42 (completion certificates – multiple buildings)–
a
in paragraph (1)(b) at the beginning insert “subject to paragraph (3),”; and
b
after paragraph (2) insert–
3
In the case of work to existing dwellings in the same ownership, a single completion certificate may be submitted.
5
In regulation 44(2) (consideration of completion certificate) for “regulation 9(1)(ii)” substitute “regulation 9(1)(b).”
6
In regulation 46(a) (documents and information to be sent) for “regulation 42(1)(b)” substitute “regulation 41(b)(ii)”.
7
In regulation 57 (maintenance of records) for sub-paragraphs (a) and (b) of paragraph (2) substitute–
a
Part I which shall be in electronic form and shall consist of–
i
a list of applications and submissions and the decisions thereon;
ii
particulars of any energy performance certificates;
iii
particulars of any certificates from approved certifiers;
iv
particulars of notices served under sections 25 to 30 of the Act when issued, altered or withdrawn; and
v
all other particulars of other documents submitted to the local authority for registration in the building standards register; and
b
Part II which shall consist of copies of–
i
building warrants;
ii
completion certificates;
iii
any energy performance certificates;
iv
any certificates from approved certifiers submitted in support of building warrants or completion certificates;
v
principal drawings and specifications; and
vi
all other documents submitted to the local authority for registration in the building standards register.
8
In regulation 58 (inspection of records and applications)–
a
in paragraph (3) for “and” substitute “or”;
b
in paragraph (4) for “to cases” substitute “where the relevant building is a non-residential building”; and
c
in paragraph (5)–
i
after “prospective” insert “owner, occupier or”; and
ii
at the end insert “of the relevant building or an adjoining building”.
9
In regulation 59 (notices regarding work) in paragraph (4) for “(a) and (b)” substitute “(b) and (c)”.
(This note is not part of the Regulations)