The Building (Scotland) Amendment Regulations 2008

Scottish Statutory Instruments

2008 No. 310

BUILDING AND BUILDINGS

The Building (Scotland) Amendment Regulations 2008

Made

16th September 2008

Laid before the Scottish Parliament

18th September 2008

Coming into force

4th January 2009

The Scottish Ministers make the following Regulations, in exercise of the powers conferred by sections 1 and 8(8) of the Building (Scotland) Act 2003(1) and all other powers enabling them to do so.

In accordance with section 1(2) of the Building (Scotland) Act 2003 they have consulted with the Building Standards Advisory Committee and such other persons as appear to them to be representative of the interests concerned.

Citation and commencement

1.  These Regulations may be cited as the Building (Scotland) Amendment Regulations 2008 and come into force on 4th January 2009.

Amendment of regulations

2.—(1) The Building (Scotland) Regulations 2004(2) are amended in accordance with paragraphs (2) to (4).

(2) In regulation 2(1) (interpretation) after the definition of “dwelling” insert–

• ““energy performance certificate” has the same meaning as in the Energy Performance of Buildings (Scotland) Regulations 2008(3).”.

(3) In Schedule 3 (descriptions of building and work not requiring a warrant) after paragraph 15 insert–

“15A.   Any work associated with affixing an energy performance certificate to a building.”.

(4) In Schedule 5 for standard 6.9(a) and (b) (energy performance certificates) substitute–

“(a) an energy performance certificate for the building is affixed to the building; and”.

STEWART STEVENSON

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

Explanatory Note

(This note is not part of the Regulations)

These Regulations amend the Building (Scotland) Regulations 2004 (the “principal Regulations”).

Regulation 2(1) of the principal Regulations is amended to insert a definition of “energy performance certificate” (article 2(2) and 2(3)).

Schedule 3 to the principal Regulations sets out certain types of work that must comply with building regulations but do not require a warrant. Schedule 3 is amended to include work that involves affixing an energy performance certificate to a building (article 2(3)).

Standard 6.9 of Schedule 5 to the principal Regulations is amended to reflect the definition of “energy performance certificate” (article 2(4)).

(1)

2003 asp 8.

(2)

S.S.I. 2004/406, as amended by S.S.I. 2006/534 and S.S.I. 2007/166.

(3)

S.S.I. 2008/309.