PART 5Building assessment reports

63Building assessment reports

1

A relevant person must prepare reports in relation to each non-domestic building in which the person has an interest.

2

A report prepared under subsection (1) (a “building assessment report”) must set out, in relation to each non-domestic building covered by the report, an assessment of—

a

the potential for the non-domestic building to be supplied with thermal energy by means of a heat network,

b

the period for which any system providing thermal energy to the non-domestic building is expected to continue to operate effectively and efficiently.

3

A building assessment report must—

a

be prepared in the manner as may be specified, and

b

at such intervals as may be specified.

4

For the purposes of this section—

a

a relevant person has an interest in a non-domestic building if—

i

the relevant person has a right of ownership in the non-domestic building,

ii

the relevant person has such other interest in the non-domestic building as may be specified,

b

where more than one relevant person has a right of ownership, or other interest as may be specified by regulations under paragraph (a)(ii), in a non-domestic building, a building assessment report must be prepared by one of those persons.

5

In this section, “specified” means specified in regulations made by the Scottish Ministers.

64Exemptions from duty to prepare building assessment reports

1

The Scottish Ministers may by regulations provide that the requirement imposed by section 63(1) does not apply to—

a

specified relevant persons,

b

relevant persons of a specified description.

2

The Scottish Ministers may by regulations provide that the requirement under section 63(1) does not apply in relation to—

a

specified non-domestic buildings,

b

non-domestic buildings of a specified description.

3

In this section, “specified” means specified in the regulations.

65Notification of building assessment reports

As soon as reasonably practicable after preparing a building assessment report, a relevant person must—

a

send the report to each local authority in whose area a non-domestic building to which the report relates is situated, and

b

send a copy of the report to the Scottish Ministers.

66Guidance about building assessment reports

1

The Scottish Ministers may issue guidance about the preparation of building assessment reports.

2

In preparing a building assessment report, a relevant person must have regard to any guidance issued under subsection (1).

3

The Scottish Ministers must publish guidance issued under subsection (1) in such manner as they consider appropriate.

67Interpretation of Part 5

In this Part—

  • “building assessment report” has the meaning given in section 63(2),

  • “non-domestic building” means a building other than a dwelling,

  • “relevant person” means—

    1. a

      a Scottish public authority within the meaning of section 3(1)(a) of the Freedom of Information (Scotland) Act 2002,

    2. b

      such other person, or person of such description, as the Scottish Ministers may specify by regulations.