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The Building (Scotland) Regulations 2004

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Point in time view as at 01/10/2019.

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Scottish Statutory Instruments

2004 No. 406

BUILDING AND BUILDINGS

The Building (Scotland) Regulations 2004

Made

22nd September 2004

Laid before the Scottish Parliament

23rd September 2004

Coming into force

1st May 2005

The Scottish Ministers, in exercise of the powers conferred by sections 1, 3(3), 8(8), 54, 56 of and Schedule 1 to, the Building (Scotland) Act 2003 M1 and of all other powers enabling them in that behalf, and having consulted the Building Standards Advisory Committee and such other persons as appear to them to be representative of the interests concerned, in accordance with section 1(2) of that Act, hereby make the following Regulations:

Marginal Citations

Citation and commencementS

1.  These Regulations may be cited as the Building (Scotland) Regulations 2004 and shall come into force on 1st May 2005.

InterpretationS

2.—(1) In these Regulations, unless the context otherwise requires–

“the Act” means the Building (Scotland) Act 2003;

“agriculture” has the same meaning as in the Agriculture (Scotland) Act 1948 M2 and “agricultural” shall be construed accordingly;

“boundary” means a boundary between land on which the building is situated and land in different occupation, so however that–

(a)

in relation to any road, whether public or private, public access way or public right of way, river, stream, canal, loch, pond, common land or a public open space it should be taken to mean the centre line thereof; and

(b)

the sea and its foreshore should not be regarded as land in different occupation;

“building site” means any area of land on which work is, or is to be, carried out;

“different occupation” in relation to two adjoining buildings or parts of one building, means occupation of those buildings by different persons;

“domestic building” means a dwelling or dwellings and any common areas associated with the dwelling;

“dwelling” means a unit of residential accommodation occupied (whether or not as a sole or main residence)–

(a)

by an individual or by individuals living together as a family; or

(b)

by not more than six individuals living together as a single household (including a household where care is provided for residents),

and includes any surgeries, consulting rooms, offices or other accommodation, of a floor area not exceeding in the aggregate 50 square metres, forming part of a dwelling and used by an occupant of the dwelling in a professional or business capacity;

[F1“energy performance certificate” has the same meaning as in the Energy Performance of Buildings (Scotland) Regulations 2008.]

“flat” means a dwelling on one storey, forming part of a building from some other part of which it is divided horizontally, and includes a dwelling of which the main entrance door and associated hall are on a different storey from the remainder of the dwelling;

“high rise domestic building” means a domestic building with any storey at a height of more than 18 metres above the ground;

“house” means a dwelling on one or more storeys, either detached or forming part of a building from all other parts of which it is divided only vertically;

“maisonette” means a dwelling on more than one storey, forming part of a building from some other part of which it is divided horizontally;

“residential building” means a building, other than a domestic building, having sleeping accommodation;

“residential care building” means a building used, or to be used, for the provision of–

(a)

a care home service; or

(b)

a school care accommodation service,

and for these purposes the expressions mentioned in sub-paragraphs (a) and (b) above have the same meaning as in the [F2Public Services Reform (Scotland) Act 2010];

“sanitary facility” includes washbasin, sink, bath, shower, urinal, or watercloset, and in dwellings only, includes a waterless closet;

“sheltered housing complex” means–

(a)

two or more dwellings in the same building; or

(b)

two or more dwellings on adjacent sites,

where those dwellings are, in each case, designed and constructed for the purpose of providing residential accommodation for people who receive, or who are to receive, a support service; and, for these purposes, “support service” has the same meaning as in the [F3“Public Services Reform (Scotland) Act 2010];

“site” in relation to a building, means the area of ground covered or to be covered by the building, including its foundations; and

[F4“statement of sustainability” means a statement issued for the purpose of compliance with regulation 9 and section 7.1(c) of Schedule 5;]

“storey” means that part of a building which is situated between the top of any floor being the lowest floor level within the storey and the top of the floor next above it being the highest floor level within the storey or, if there is no floor above it, between the top of the floor and the ceiling above it or, if there is no ceiling above it, the internal surface of the roof; and for this purpose a gallery or catwalk, or an open walk floor or storage racking, shall be considered to be part of the storey in which it is situated.

(2) In these Regulations, unless the context otherwise requires, a reference to a numbered regulation or Schedule is a reference to the regulation in, or Schedule to, these regulations bearing that number, and the reference in a regulation to a numbered paragraph is a reference to the paragraph in that regulation bearing that number.

(3) In determining what is reasonably practicable for the purposes of these Regulations regard may be had to all the circumstances including the expense involved in carrying out the work.

Textual Amendments

Marginal Citations

Exempted buildings and services, fittings and equipmentS

3.—(1) Regulations 8 to 12 shall not apply to any building or any services, fittings and equipment the whole of which falls into any one or more of the exempted types described in Schedule 1.

(2) The provision of–

(a)services, fittings and equipment to, or the demolition or removal of, exempted buildings is exempt;

(b)services, fittings and equipment to, or the demolition of, exempted services, fittings and equipment is exempt.

(3) For the purposes of this regulation, for the avoidance of doubt, each such exempted type does not include any of the exceptions expressed in relation to that type.

Changes in the occupation or use of a building which cause the regulations to applyS

4.  For the purposes of section 56 (1) of the Act and these Regulations, the changes in occupation or use of buildings set out in Schedule 2 shall be conversions to the extent specified by regulation 12.

Descriptions of building and work, including the provision of services, fittings and equipment, not requiring a warrantS

5.  For the purposes of section 8(8) of the Act, any work which consists solely of a building or conversion, including the provision of services, fittings or equipment, of a kind specified in Schedule 3, shall meet the standards required by regulations 8 to 12 but shall not, subject to the exceptions and conditions, require a [F5building] warrant.

Textual Amendments

Limited life buildingsS

6.  For the purposes of paragraph 3 of Schedule 1 of the Act (which enables special provision to be made for buildings intended to have a limited life) a period of five years is hereby specified.

MeasurementsS

7.  For the purposes of these Regulations, measurements shall be made or calculated in accordance with Schedule 4.

Fitness and durability of materials and workmanshipS

8.—(1) Work to every building designed, constructed and provided with services, fittings and equipment to meet a requirement of regulations 9 to 12 must be carried out in a technically proper and workmanlike manner, and the materials used must be durable and fit for their intended purpose.

(2) All materials, services, fittings and equipment used to comply with a requirement of regulations 9 to 12 must, so far as reasonably practicable, be sufficiently accessible to enable any necessary maintenance or repair work to be carried out.

Building standards – constructionS

[F69.—(1) Subject to paragraph (2), construction must be carried out so that the work complies with the applicable requirements of schedule 5 F7.

(2) Only the requirements of the standards set out in paragraphs 1.1, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 and 4.4 of schedule 5 apply in the case of the construction of a building of the type described in paragraph 23A of schedule 3.]

Textual Amendments

F7Schedule 5 was substituted by S.S.I. 2006/534. There are other amendments not relevant to these Regulations.

Building Standards – demolitionS

10.—(1) Every building to be demolished must be demolished in such a way that all service connections to the building are properly closed off and any neighbouring building is left stable and watertight.

(2) When demolition work has been completed and, where no further work is to commence immediately, the person who carried out that work shall ensure that the site is–

(a)immediately graded and cleared; or

(b)provided with such fences, protective barriers or hoardings as will prevent access thereto.

Building standards –service, fitting or equipmentS

11.  Every service, fitting or piece of equipment provided so as to serve a purpose of these regulations shall be so provided in such a way as to further those purposes.

Building standards – conversionS

12.  Conversion shall be carried out so that the building as converted complies with the applicable requirements of Schedule 6.

Provision of protective worksS

13.—(1) No person shall carry out work unless the following provisions of this regulation are complied with.

(2) Subject to paragraph (3), where work is to be carried out on any building site or building which is within 3.6 metres of any part of a road or other place to which members of the public have access (whether or not on payment of a fee or charge) there shall, prior to commencement of the work, be erected protective works so as to separate the building site or building or that part of the building site or building on which work is to be carried out from that road or other place.

(3) Nothing in paragraph (2) shall require the provision of protective works in any case where the local authority is satisfied that no danger to the public is caused, or is likely to be caused, by the work.

(4) The protective works referred to in the preceding paragraphs are all or any of–

(a)providing hoardings, barriers or fences;

(b)subject to paragraph (5), where necessary to prevent danger, providing footpaths outside such hoardings, barriers or fences with safe and convenient platforms, handrails, steps or ramps, and substantial overhead coverings;

(c)any other protective works which in the opinion of the local authority are necessary to ensure the safety of the public,

all of such description, material and dimensions and in such position as the local authority may direct.

(5) Nothing in paragraph (4)(b) shall require the provision of a platform, handrail, step or ramp–

(a)where no part of the existing footpath is occupied by the protective works or in connection with the work; or

(b)where that part of an existing footpath remaining unoccupied affords a safe means of passage for people, and is of a width of not less than 1.2 metres or such greater width as the local authority may direct.

(6) Any protective works shall be so erected as to cause no danger to the public and shall be maintained to the satisfaction of the local authority.

(7) Subject to paragraph (8) any protective works shall be removed–

(a)in the case of a building which has been constructed by virtue of a warrant, not more than 14 days or such longer period as the local authority may direct from the date of acceptance of the certificate of completion; and

(b)in any other case, on completion of the work.

(8) Nothing in paragraphs (1) to (7) of this regulation shall prohibit the removal of the protective works or any part thereof prior to the completion of the work where the local authority is satisfied that no danger to the public is caused or is likely to be caused as a result of their removal.

(9) Any protective works shall be illuminated, and any such works which project on to or over that part of a road which is not a pavement or footpath shall be provided with such markings, as in the opinion of the local authority are necessary to secure the safety of the public.

(10) Where work has been carried out without the provision of protective works, or where work on a building site has stopped or a building site has been abandoned, a local authority may require the site owner to carry out protective works.

Clearing of footpathsS

14.  Where any work is being carried out on a building site or building, any neighbouring footpath (including any footpath provided so as to form part of the protective works) shall be regularly cleaned and kept free of building debris and related materials by the person carrying out the work, to the satisfaction of the local authority.

Securing of unoccupied and partly completed buildingsS

15.—(1) Subject to paragraph (2) a person carrying on work shall ensure that any building which is partly constructed or partly demolished or which has been completed but not yet occupied is, so far as reasonably practicable, properly secured or closed against unauthorised entry at all times when work thereon is not in progress.

(2) Nothing in paragraph (1) shall apply to any work where the local authority is satisfied that adequate supervision of the building is being or will be maintained for the purpose of securing the building.

RelaxationsS

16.  No direction may be given under section 3(2) of the Act in relation to regulations 1 to 3, 5 and 7.

[F8Continuing requirementsS

17.—(1) Subject to paragraph (2), the owners of buildings shall ensure that–

[F9(a)accessible parts of every air-conditioning system within a building are inspected at regular intervals not exceeding five years; and]

[F10(b)following each inspection of that system the owner of the building or, where the owner is not the occupier, the occupier is given a report containing the result of the inspection and including recommendations for the cost-effective improvement of the energy performance of that system.]

(2) This regulation shall not apply to–

(a)air conditioning systems with a total effective output rating of less than 12 kW; or

(b)air conditioning systems solely for processes within a building.

(3) In terms of section 2 of the Building (Scotland) Act 2003 the provisions of paragraph (1) are a designated provision in respect of which there is a continuing requirement imposed on the owners of buildings.]

Textual Amendments

MARY MULLIGAN

Authorised to sign by the Scottish Ministers

St Andrew’s House, Edinburgh

Regulation 3

[F11SCHEDULE 1SEXEMPTED BUILDINGS AND SERVICES, FITTINGS AND EQUIPMENT

Textual Amendments

Buildings etc. controlled by other legislationS

[F121.—(1) Any building in which explosives are manufactured or stored under a licence granted under the Explosives Regulations 2014 where the whole building is used for that manufacture or storage.

(2) Where only a part of a building is used for the manufacture or storage of explosives under a licence granted under the Explosives Regulations 2014, that part of the building where the licence specifies that that manufacture or storage may take place.

(3) Except— sub-paragraphs (1) and (2) do not include any building or, as the case may be, any part of a building as is referred to in, respectively, sub-paragraph (1) or (2) in relation to which—

(a)no minimum separation distance is required to be maintained by virtue of regulation 27(2)(a) or (3) of the Explosives Regulations 2014; or

(b)a minimum separation distance of 0 metres is prescribed by virtue of regulation 27(1) of, and Schedule 5 to, the Explosives Regulations 2014 and the requirement for the assent of the local authority under regulation 13(3) of those Regulations did not apply by virtue of regulation 13(4)(a) of those Regulations.]

Textual Amendments

2.  A building erected on a site which is subject to licensing under the Nuclear Installations Act 1965 F13. Except–A dwelling, residential building, office, canteen or visitor centre.

Textual Amendments

3.  A building included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 F14. Except–A dwelling or residential building.

Textual Amendments

F141979 c. 16. Section 1 was amended by the National Heritage Act 1983 ( c.47) Schedule 4, paragraph 25.

Protective WorksS

4.  Protective works subject to control by regulation 13.

Buildings or work not frequented by peopleS

5.  A building into which people cannot or do not normally go. Except–A building within 6 metres or the equivalent of its height (whichever is the less) of the boundary. A wall or fence. A tank, cable, sewer, drain or other pipe above or below ground for which there is a requirement in these Regulations.

6.  Detached fixed plant or machinery or a detached building housing only fixed plant or machinery, the only normal visits to which are intermittent visits to inspect or maintain the fixed plant or machinery. Except–A building within 1 metre of a boundary.

Agricultural and related buildingsS

7.  An agricultural greenhouse or other building of mainly translucent material used mainly for commercial growing of plants. Except–A building used to any extent for retailing (including storage of goods for retailing) or exhibiting.

8.  A single-storey detached building used for any other form of agriculture, fish farming or forestry. Except–A building used to any extent for retailing (including storage for retailing) or exhibiting. A building exceeding 280 square metres in area. A building within 6 metres or the equivalent of its height (whichever is the less) of a boundary. A dwelling, residential building, office, canteen or visitor centre. A dungstead or farm effluent tank.

Works of civil engineering constructionS

9.  A work of civil engineering construction, including a dock, wharf, harbour, pier, quay, sea defence work, lighthouse, embankment, river work, dam, bridge, tunnel, filter station or bed, inland navigation, reservoir, water works, pipe line, sewage treatment works, gas holder or main, electricity supply line and supports, any bridge embankment or other support to railway lines and any signalling or power lines and supports and a fire practice tower. Except–A bridge or tunnel forming part of an escape route or an access route provided to meet a requirement of these Regulations. A private sewage treatment works provided to meet a requirement of these Regulations.

Buildings of a specialised natureS

10.  A building essential for the operation of a railway including a locomotive or carriage shed, or for the operation of any other work of civil engineering contained in type 9 of this Schedule and erected within the curtilage of such a railway or work. Except–A signalling and control centre for a railway or dock. A building to which the public is admitted, not being a building exempted by type 11 of this Schedule. A dwelling, residential building, office, canteen, or warehouse.

11.  A single–storey detached road or rail passenger shelter or a telephone kiosk which in so far as it is glazed complies with the requirements of regulation 9 and paragraph 4.8 of Schedule 5. Except–A building having a floor area exceeding 30 square metres. A building containing a fixed combustion appliance installation.

12.  A caravan or mobile home within the meaning of the Caravan Sites and Control of Development Act 1960 F15, or a tent, van or shed within the meaning of section 73 of the Public Health (Scotland) Act 1897 F16. Except–Any wastewater disposal system serving a building of this type.

Textual Amendments

F161897 c. 38. Section 73 was amended by the National Health Service ( Scotland) Act 1972 ( c.58) Schedule 6, paragraph 56.

Small buildingsS

13.  A detached single-storey building having an area not exceeding 8 square metres. Except–A dwelling or residential building. A building ancillary to and within the curtilage of a dwelling. A building within 1 metre of a boundary. A building containing a fixed combustion appliance installation or sanitary facility. A wall or fence.

Construction and development buildingsS

14.  A building used only by people engaged in the construction, demolition or repair of any building or structure during the course of that work. Except–A building containing sleeping accommodation.

15.  A building used in connection with the letting or sale of any building under construction until such time as the letting or sale of all related buildings is completed. Except–A building containing sleeping accommodation.

Temporary buildingsS

16.  A building which, during any period of 12 months, is either erected or used on a site–

(a)for a period not exceeding 28 consecutive days; or

(b)for a number of days not exceeding 60,

and any alterations to such buildings.

Buildings ancillary to housesS

17.  A detached single-storey building ancillary to and within the curtilage of a house. Except–A building exceeding 8 square metres in area. A building within 1 metre of the house unless it is at least 1 metre from any boundary. A building containing sleeping accommodation. A building containing a flue, a fixed combustion appliance installation or sanitary facility. A wall or fence.

18.  A single storey building attached to an existing house, which is ancillary to the house and consists of a conservatory or porch which insofar as it is glazed complies with the requirements of regulation 9 and paragraph 4.8 of Schedule 5. Except–A building exceeding 8 square metres in area. A building containing a flue, a fixed combustion appliance installation or sanitary facility. A building within 1 metre of a boundary.

19.  A single storey building which is detached, or is attached to an existing house and which is ancillary to the house and consists of a greenhouse, carport or covered area. Except–A building exceeding 30 square metres in area. A building containing a flue, a fixed combustion appliance installation or sanitary facility.

Buildings ancillary to flats or maisonettesS

20.  A detached single storey building ancillary to and within the curtilage of a flat or maisonette. Except–A building exceeding 8 square metres in area. A building within 1 metre of the flat or maisonette or within 3 metres of any other part of the building containing the flat or maisonette. A building within 1 metre of a boundary. A building containing a flue, a fixed combustion appliance installation or sanitary facility. A wall or fence. A swimming pool deeper than 1.2 metres.

Paved areasS

21.  A paved area or hardstanding. Except–A paved area or hardstanding exceeding [F1750] square metres in area. A paved area forming part of an access to meet a requirement of these Regulations.]

Textual Amendments

Regulation 4

[F11SCHEDULE 2SCONVERSIONS TO WHICH THE REGULATIONS APPLY

1.  Changes in the occupation or use of a building to create a dwelling or dwellings or a part thereof.S

2.  Changes in the occupation or use of a building ancillary to a dwelling to increase the area of human occupation.S

3.  Changes in the occupation or use of a building which alters the number of dwellings in the building.S

4.  Changes in the occupation or use of a domestic building to any other type of building.S

5.  Changes in the occupation or use of a residential building to any other type of building.S

6.  Changes in the occupation or use of a residential building which involves a significant alteration of the characteristics of the persons who occupy, or who will occupy, the building or which significantly increase the number of people occupying, or expected to occupy, the building.S

7.  Changes in the occupation or use of an exempt building (in terms of Schedule 1) to a building which is not so exempt.S

8.  Changes in the occupation or use of a building to allow access by the public where previously there was none.S

9.  Changes in the occupation or use of a building to accommodate parts in different occupation where previously it was not so occupied.]S

Regulation 5

[F11SCHEDULE 3SDESCRIPTIONS OF BUILDING AND WORK, INCLUDING THE PROVISION OF SERVICES, FITTINGS AND EQUIPMENT, NOT REQUIRING A WARRANT

A. On condition that types 1–23 in all respects and/or in the manner of their fitting meet any standards required by the RegulationsS

1.  Any work to or in a house. Except–Any work which increases the floor area of the house. Any demolition or alteration of the roof, external walls or elements of structure. Any work involving underpinning. Any work adversely affecting a separating wall. Any work involving a change in the method of wastewater discharge. Work, not being work of types 3 to 26 below, to a house having a storey, or creating a storey, at a height of more than 4.5 metres.

2.  Any work to or in a non-residential building to which the public does not have access. Except–A non-residential building within which there is a domestic or residential building. Any work which increases the floor area of the building. Any demolition or alteration of the roof, external walls or elements of structure. Any work involving underpinning. Any work adversely affecting a separating wall. Any work involving a change in the method of wastewater discharge. Work, not being work of types 3 to 26 below, to a building having a storey, or creating a storey, at a height of more than 7.5 metres.

[F182A.  [F19Any] works to or in a building F20... that is a prison or a building where a person may be legally detained or otherwise legally held in custody. Except – Any work which increases the floor area of the building by more than 100 square metres. Any demolition or alteration of the roof, external walls or elements of structure. Any work involving underpinning. Any work adversely affecting a separating wall. Any work involving a change in the method of wastewater discharge. Work, not being work of types 3 to 26 below, to a prison or a building where a person may be legally detained or otherwise legally held in custody having a storey, or creating a storey, at a height of more than 7.5 metres.

Textual Amendments

F19Word in sch. 3 para. 2A substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(2)(a) (with reg. 3)

F20Words in sch. 3 para. 2A omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(2)(b) (with reg. 3)

2B.  A building or any work to or in a building or the conversion of a building that is the Scottish Parliament.

Textual Amendments

2C.  A building or any work to or in a building or the conversion of a building belonging to Her Majesty in right of Her private estates.]

Textual Amendments

And, without prejudice to the generality of [F21types 1 to 2C] aboveS

3.  A detached single-storey building, having an area exceeding 8 square metres but not exceeding 30 square metres. Except–A dwelling or residential building. A building ancillary to, or within the curtilage of, a dwelling. A building within 1 metre of a boundary. A building containing a fixed combustion appliance installation or sanitary facility. A swimming pool deeper than 1.2 metres.

4.  A detached single-storey building, having an area exceeding 8 square metres but not exceeding 30 square metres, ancillary to and within the curtilage of a house. Except–A building within 1 metre of the house unless it is at least 1 metre from any boundary. A building containing a fixed combustion appliance installation or sanitary facility. A swimming pool deeper than 1.2 metres.

5.  A detached single-storey building, having an area exceeding 8 square metres but not exceeding 30 square metres, ancillary to and within the curtilage of a flat or maisonette. Except–A building within 1 metre of the flat or maisonette or within 3 metres of any other part of the building containing the flat or maisonette. A building within 1 metre of a boundary. A building containing a fixed combustion appliance installation or sanitary facility. A swimming pool deeper than 1.2 metres.

6.  Any work associated with a fixed combustion appliance installation or other part of a heating installation not being work of types 7 or 8 below. Except–Any work associated with a solid fuel appliance having an output rating more than 50 kW, an oil-firing appliance with an output rating more than 45 kW or a gas-fired appliance having a net input rating more than 70 kW. Any work associated with a chimney, flue pipe or constructional hearth. Any work associated with an oil storage tank with a capacity of more than 90 litres, including any pipework connecting the tank to a combustion appliance providing space or water heating or cooking facilities. Any work adversely affecting a separating wall or separating floor.

7.  Any work associated with a balanced flue serving a room-sealed appliance.

8.  Any work associated with pipework, radiators, convector heaters and thermostatic controls for, or associated with, type 6 above.

9.  Any work associated with installing a flue liner.

10.  Any work associated with refillable liquefied petroleum gas storage cylinders supplying, via a fixed pipework installation, combustion appliances used principally for providing space heating, water heating, or cooking facilities.

11.  Any work associated with the provision of a single sanitary facility, together with any relevant branch soil or waste pipe. Except–Any work associated with a water closet, waterless closet or urinal.

12.  Any work associated with the relocation within the same room or space of any sanitary facility, together with any relevant branch soil or waste pipe.

13.  Any work associated with the provision of an extractor fan.

14.  Any work associated with a stairlift within a dwelling.

15.  Any work associated with the provision of a notice or other fixture for which there is no requirement provided in these regulations.

[F2215A.  Any work associated with affixing an energy performance certificate to a building.]

Textual Amendments

[F2315B.  Any work associated with affixing a statement of sustainability to a building.]

Textual Amendments

16.  Any work associated with an outdoor sign that is subject to the Town and Country Planning (Control of Advertisements) (Scotland) Regulations 1984 F24.

Textual Amendments

17.  Any work associated with thermal insulating material to or within a wall, ceiling, roof or floor. Except–Any work associated with the application of thermal insulating material to the outer surface of an external wall.

18.  A wall not exceeding 1.2 metres in height, or a fence not exceeding 2 metres in height.

19.  Any work associated with open raised external decking. Except–Any decking at a height of more than 1.2 metres. Decking that forms part of any access provided to comply with the requirements in regulation 9 and paragraph 4.1 of Schedule 5. Decking that forms any escape route, other than from a flat or maisonette, provided to comply with the requirements in regulation 9 and paragraph 2.9 of Schedule 5.

20.  A door, window, or rooflight when the work includes replacing the frame.

21.  A paved area or hardstanding exceeding [F2550 square metres in area but not exceeding] 200 square metres in area. A paved area forming part of an access to meet a requirement of these Regulations.

Textual Amendments

22.  An electrical installation, including a circuit for telecommunication, alarm purposes or for the transmission of sound, vision or data, which operates at extra-low voltage (not exceeding 50 volts alternating current or 120 volts direct current, measured between conductors or to earth) and which is not connected directly or indirectly to an electricity supply which operates at a voltage higher than either of those specified above.

23.  The construction of a ramp not exceeding 5 metres in length.

[F26AA. On condition that this type in all respects and/or in the manner of their fitting meet the requirements of standards 1.1, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 and 4.4 of schedule 5.S

23A.  A detached single-storey building used for shelter or sleeping in connection with recreation. Except- A dwelling. A building having an area exceeding 30 square metres. A building ancillary to another building. A building within 6 metres of a boundary or of another building. Any wastewater disposal system serving a building of this type. A building containing a gallery or galleries unless the gallery, or where there is more than one gallery, the galleries together, occupy an area not more than—

(a)8 square metres; or

(b)one-half of the area of the room or space in which the gallery is, or galleries are, situated,

whichever is the lesser.

Interpretation of paragraph 23A

In paragraph 23A, “gallery” means a raised floor or platform which is open to the room or space into which it projects and is not enclosed below.]

Textual Amendments

B. On condition that this work, service, fitting or equipment is to a standard no worse than at presentS

24.  Any work associated with the replacement of a fitting or equipment, in whole or in part, by another of the same general type, including a sanitary facility (together with any relevant branch soil or waste pipe), rainwater gutter or downpipe, solid fuel combustion appliance, electrical fixture, ventilation fan, chimney or flue outlet fitting or terminal, fire hydrant or main, lift or escalator, solid waste chute or container, kitchen fitments or other fitted furniture and ironmongery. Except–Any door, window or rooflight. Any oil firing or gas fired boiler.

25.  Any work associated with the replacement in whole or in part, by material of the same general type, of flooring, lining, cladding, covering or rendering either internally or externally.

26.  Any work to a door, window or rooflight, including glazing which is not a complete replacement falling within type 20 above.]

Regulation 7

[F11SCHEDULE 4SMEASUREMENTS

AreaS

1.  Measurement of area shall be taken to the innermost surfaces of enclosing walls or, on any side where there is no enclosing wall, to the outermost edge of the floor on that side.

2.  A room excludes any built-in fixture extending from the floor to the ceiling.

3.  In the case of a dwelling, a room excludes any part where the height is less than 1.5 metres.

Height and depthS

4.  The height of–

(a)a building shall be taken to be the height from the surface of the ground to the underside of the ceiling of the topmost storey or, if the topmost storey has no ceiling, one-half of the height of the roof above its lowest part; and

(b)a storey above the ground, or the depth of a storey below the ground shall be taken to be the vertical height or depth as the case may be from the ground to the upper surface of the floor of the storey, and the expressions “a storey at a height” and “a storey at a depth” shall be construed accordingly.

5.  In the measurement of height or depth from ground which is not level the height or depth shall be taken to be the mean height or depth, except that–

(a)for the purpose of types 1, 2, 3, 4, 5, 18 or 19 of Schedule 3; and

(b)for any other purpose where the difference in level is more than 2.5 metres,

the height or depth shall be taken to be the greatest height or depth.

GeneralS

6.  Except where the context otherwise requires, measurements shall be horizontal and vertical.]

Regulation 9

[F11SCHEDULE 5SBUILDING STANDARDS APPLICABLE TO DESIGN AND CONSTRUCTION

SECTION 1:SSTRUCTURE

StructureS

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 collapseS

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:SFIRE

CompartmentationS

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.

LimitationS

This standard does not apply to domestic buildings.

SeparationS

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 protectionS

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.

CavitiesS

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 F27... spread of fire and smoke within [F28cavities] in its structure and fabric is inhibited.

Textual Amendments

Internal liningsS

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 buildingsS

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 wallsS

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 buildingsS

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.

EscapeS

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 lightingS

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.

CommunicationS

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.

LimitationS

F29...

Textual Amendments

F29Sch. 5 para. 2.11: limitation omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(a) (with reg. 3)

[F30Fire and rescue service accessS

2.12  Every building must be accessible to the fire and rescue service.]

Textual Amendments

[F31Fire and rescue service water supplyS

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

Textual Amendments

LimitationS

This standard does not apply to domestic buildings.

Fire [F32and rescue] service facilitiesS

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

Textual Amendments

[F33Automatic fire suppression systemsS

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 growth will be inhibited by the operation of an automatic fire suppression system.

Textual Amendments

LimitationS

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;

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

(e)is a school building [F34, other than a building forming part of an existing school or an extension to a school building where it is not reasonably practicable to install an automatic fire suppression system in that building or extension].]

Textual Amendments

SECTION 3:SENVIRONMENT

Site preparation – harmful and dangerous substancesS

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.

LimitationS

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 gasS

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 waterS

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 groundS

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 drainsS

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

LimitationS

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

Surface water drainageS

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 drainageS

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.

LimitationS

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

Private wastewater treatment systems – treatment plantsS

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 systemsS

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.

PrecipitationS

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.

LimitationS

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 dwellingS

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.

LimitationS

This standard applies only to a dwelling.

Sanitary facilitiesS

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.

HeatingS

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.

LimitationS

This standard applies only to a dwelling.

[F35VentilationS

3.14  Every building must be designed and constructed in such a way that ventilation is provided so that the air quality inside the building is not a threat to the building or the health of the occupants.]

Textual Amendments

CondensationS

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.

LimitationS

F36...

Textual Amendments

F36Sch. 5 para. 3.15: limitation omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(g) (with reg. 3)

Natural lightingS

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.

LimitationS

This standard applies only to a dwelling.

Combustion appliances – safe operationS

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 combustionS

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 materialsS

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 combustionS

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 combustionS

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 coolingS

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 fireS

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.

LimitationS

This standard does not apply to portable containers.

Fuel storage – containmentS

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.

LimitationS

This standard does not apply to portable containers.

Solid waste storageS

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.

LimitationS

This standard applies only to a [F37flat or maisonette].

Textual Amendments

Dungsteads and farm effluent tanksS

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.

[F38Water efficiencyS

3.27  Every building must be designed and constructed in such a way that sanitary facilities with water efficient fittings which are designed for the prevention of undue consumption of water are installed.

Textual Amendments

LimitationS

This standard applies only to dwellings.]

Textual Amendments

SECTION 4:SSAFETY

Access to buildingsS

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.

LimitationS

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 buildingsS

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.

LimitationS

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 rampsS

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 barriersS

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.

LimitationS

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

Electrical safetyS

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.

LimitationS

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 F39 or the Factories Act 1961 F40 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 F41 apply.

Textual Amendments

Electrical fixturesS

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.

LimitationS

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

Aids to communicationS

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.

LimitationS

This standard does not apply to domestic buildings.

Danger from accidentsS

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.

LimitationS

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

Danger from heatS

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 seatingS

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.

LimitationS

This standard does not apply to domestic buildings.

Liquefied petroleum gas storageS

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.

LimitationS

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

Vehicle protective barriersS

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

[F42SecurityS

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

LimitationS

This standard applies only to domestic buildings.]

Textual Amendments

[F43In-building physical infrastructure for high-speed electronic communications networksS

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

LimitationS

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

SECTION 5:SNOISE

[F44Noise separationS

5.1  Every building, which is divided into more than one area of different occupation, must be designed and constructed in such a way to limit the transmission of source noise from normal domestic type activities, between such areas, to a level that will not threaten the health of, or cause inconvenience to the building occupants.

Textual Amendments

F44Sch. 5 paras. 5.1, 5.2 substituted for sch. 5 para. 5.1 (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(i) (with reg. 3)

LimitationS

This standard only applies to a building in different occupation incorporating—

(a)attached dwellings;

(b)attached residential buildings; or

(c)a roof, walkway or access deck located directly above an area that is either a dwelling or a residential building.

Textual Amendments

F44Sch. 5 paras. 5.1, 5.2 substituted for sch. 5 para. 5.1 (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(i) (with reg. 3)

Noise reduction between roomsS

5.2  Every building must be designed and constructed in such a way to limit the transmission of source noise from normal domestic type activities, through a wall or floor, between a room and internal space where noise is likely to occur, to a level that will not cause inconvenience to the building occupants.

Textual Amendments

F44Sch. 5 paras. 5.1, 5.2 substituted for sch. 5 para. 5.1 (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(i) (with reg. 3)

LimitationS

This standard only applies to a wall or floor forming an apartment in a dwelling and a room in a residential building which is capable of being used for sleeping; other than—

(a)a wall between an en-suite bathroom and the apartment or room it serves;

(b)a hospital; or

(c)a place of lawful detention.]

Textual Amendments

F44Sch. 5 paras. 5.1, 5.2 substituted for sch. 5 para. 5.1 (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(i) (with reg. 3)

SECTION 6:SENERGY

Carbon dioxide emissionsS

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

[F45(a)the energy performance is estimated in accordance with a methodology of calculation approved under regulation 7(a) of the Energy Performance of Buildings (Scotland) Regulations 2008 F46;] F47...

(b)the energy performance of the building is capable of reducing carbon dioxide emissions [F48; and

(c)it is a nearly zero-energy building].

Textual Amendments

F47Word in sch. 5 para. 6.1.(a) omitted (with application in accordance with reg. 1(2) of the amending S.S.I.) by virtue of The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/71), regs. 1(3), 2(3)(a)

F48Sch. 5 para. 6.1.(c) and word inserted (with application in accordance with reg. 1(2) of the amending S.S.I.) by The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/71), regs. 1(3), 2(3)(b)

[F49Interpretation of this standardS

In this standard—

“energy from renewable sources” means energy from renewable non-fossil sources, namely wind, solar, aero-thermal, geothermal, hydrothermal and ocean energy, hydropower, biomass, landfill gas, sewage treatment plant gas and biogases; and

“nearly zero-energy building” means a building that has a very high energy performance, as determined in accordance with a methodology approved under regulation 7 of the Energy Performance of Buildings (Scotland) Regulations 2008 F50, where the nearly zero or very low amount of energy required should be covered to a very significant extent by energy from renewable sources, including energy from renewable sources produced on site or nearby.]

Textual Amendments

F49Words in sch. 5 para. 6.1 inserted (with application in accordance with reg. 1(2) of the amending S.S.I.) by The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/71), regs. 1(3), 2(3)(c)

F50S.S.I. 2008/309. Regulation 7 was substituted by S.S.I. 2012/315.

LimitationS

This standard does not apply to–

[F51(a)alterations and extensions to buildings other than—

(i)alterations and extensions to stand-alone buildings having an area less than 50 square metres that would increase the area to 50 square metres or more;

(ii)extensions to non-domestic buildings where the extension will have an area which is both greater than 100 square metres and greater than 25% of the area of the existing building; and

(iii)alterations to buildings involving the fit-out of the building shell which is the subject of a continuing requirement;]

(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.

Textual Amendments

F51Words in Sch. 5 para. 6.1 substituted (1.10.2015) by The Building (Scotland) Amendment Regulations 2014 (S.S.I. 2014/219), regs. 1, 2(2) (with reg. 3)

Building insulation envelopeS

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

LimitationS

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 systemS

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.

LimitationS

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; F52...

F52(c). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

Textual Amendments

F52Words in Sch. 5 para. 6.3 omitted (1.10.2015) by virtue of The Building (Scotland) Amendment Regulations 2015 (S.S.I. 2015/218), regs. 1(3), 3(2) (with reg. 4)

Insulation of pipes, ducts and vesselsS

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.

LimitationS

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;

[F53(b)buildings, or parts of a building, which will not be heated, other than heating provided solely for the purpose of frost protection; or

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

Textual Amendments

F53Words in Sch. 5 para. 6.4 substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(k) (with reg. 3)

Artificial and display lightingS

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.

[F54LimitationS

This standard does not apply to–

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

(b)alterations to a dwelling or a building ancillary to a dwelling.]

Textual Amendments

F54Sch. 5 para. 6.5: limitation substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(l) (with reg. 3)

Mechanical ventilation and air conditioningS

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)F55... the ventilating and cooling systems installed are energy efficient and are capable of being controlled to achieve optimum energy efficiency.

Textual Amendments

LimitationS

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

Commissioning building servicesS

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.

LimitationS

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 informationS

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.

LimitationS

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)lightingF56... 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.

Textual Amendments

F56Sch. 5 para. 6.8: words omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(n) (with reg. 3)

Energy Performance CertificatesS

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

[F57(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

F57Sch. 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)

LimitationS

(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;

[F58(iii)conversions, alterations and extensions to buildings other than—

(aa)alterations and extensions to stand-alone buildings having an area less than 50 square metres that would increase the area to 50 square metres or more; and

(bb)alterations to buildings involving the fit-out of the building shell which is the subject of a continuing requirement;]

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

[F59(b)Standard 6.9(c) only applies to buildings—

(i)with a floor area of more than [F60250] square metres;

(ii)into which members of the public have an express or implied licence to enter; and

(iii)which are visited by members of the public on at least a weekly basis.]

Textual Amendments

F58Words in Sch. 5 para. 6.9 substituted (1.10.2015) by The Building (Scotland) Amendment Regulations 2014 (S.S.I. 2014/219), regs. 1, 2(3) (with reg. 3)

F59Words in Sch. 5 para. 6.9 substituted (9.1.2013) by The Building (Scotland) Amendment Regulations 2012 (S.S.I. 2012/209), regs. 1, 2(3)

MeteringS

6.10  Every building must be designed and constructed in such a way that each [F61building, or] part of a building designed for different occupation is fitted with fuel [F62and power] meters.

Textual Amendments

LimitationS

This standard does not apply to–

(a)communal areas of buildings in different occupation;

F63(b). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

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

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

Textual Amendments

F63Words in Sch. 5 para. 6.10 omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(o)(iii) (with reg. 3)

[F64SECTION 7: SSUSTAINABILITY

Textual Amendments

Statement of sustainabilityS

7.1  Every building must be designed and constructed in such a way that—

(a)with regard to a dwelling [F65or school building containing classrooms], a level of sustainability specified by the Scottish Ministers in respect of carbon dioxide emissions, resource use, building flexibility, adaptability and occupant well-being is achieved;

(b)with regard to a non-domestic building, [F66other than a school building containing classrooms,] a level of sustainability specified by the Scottish Ministers in respect of carbon dioxide emissions is achieved; and

(c)a statement of the level of sustainability achieved is affixed to the dwelling or non-domestic building.

Textual Amendments

LimitationS

This standard does not apply to—

(a)alterations and extensions to buildingsF67...;

(b)conversions of buildings;

(c)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;

(e)buildings intended to have a life not exceeding the period specified in regulation 6; or

(f)conservatories.]]

Textual Amendments

Regulation 12

[F11SCHEDULE 6SBUILDING STANDARDS APPLICABLE TO CONVERSIONS

1.  Every conversion, to which these regulations apply, shall meet the requirements of the following standards in Schedule 5:S

(a)standards 2.1, 2.3, 2.5, 2.9, 2.10, 2.11, 2.13, 2.14, 2.15 in section 2, fire;

(b)standards 3.5, 3.6, 3.7, 3.8, 3.9, 3.11, 3.12, 3.13, 3.14, 3.17, 3.18, 3.20, 3.21, 3.22, 3.23, 3.24, 3.25, 3.26 [F68, 3.27] in section 3, environment;

(c)standards 4.5, 4.6, 4.7, 4.9, 4.11, 4.12 [F69, 4.13] in section 4, safety

(d)[F70standards 5.1 and 5.2] in section 5, noise; and

(e)standards 6.7, 6.8, 6.10 in section 6, energy.

Textual Amendments

2.  Every conversion, to which these regulations apply, shall meet the requirements of the following standards in schedule 5 in so far as is reasonably practicable, and in no case be worse than before the conversion:S

(a)the standards in section 1, structure;

(b)standards 2.2, 2.4, 2.6, 2.7, 2.8, 2.12 in section 2, fire;

(c)standards 3.1, 3.2, 3.3, 3.4, 3.10, 3.15, 3.16, 3.19 in section 3, environment;

(d)standards 4.1, 4.2, 4.3, 4.4, 4.8, 4.10 [F71, 4.14] in section 4, safety; and

(e)standards 6.2, 6.3, 6.4, 6.5, 6.6 in section 6 energy.]

Textual Amendments

F71Word in sch. 6 para. 2(d) inserted (1.7.2016) by The Building (Scotland) Amendment Regulations 2016 (S.S.I. 2016/70), regs. 1, 2(3) (with reg. 2)

Explanatory Note

(This note is not part of the Regulations)

These Regulations which are made under sections 1, 3(3), 8(8), 54, 56 of, and Schedule 1 to, the Building (Scotland) Act 2003 prescribe functional standards for buildings. These are to be found in Schedule 5 of these Regulations and cover a wide subject area. They are part of the reform of the building standards system as set out in the Building (Scotland) Act 2003.

The Regulations apply to construction, conversion and demolition of buildings and also to the provision of services, fittings and equipment in or in connection with buildings (regulations 9 to 12). There are certain exempted types of buildings and services (regulation 3 and Schedule 1). There are also some descriptions of buildings and services which do not require a warrant (regulation 5 and Schedule 3).

The Regulations also specify a period of five years as the life of a limited life building (regulation 6).

The Regulations also make various provision for protective works for the safety of the public whilst work is being carried out on a building or building site (regulation 13). Supplementary matters regarding the cleaning of footpaths and security of unoccupied and partly completed buildings are also covered (regulations 14 and 15).

The Regulations come into force on 1st May 2005 but do not apply to any application for a warrant for work made before that date (regulation 17).

These Regulations were notified in draft to the European Commission and other Member States in accordance with Directive 98/34/EC, as amended by Directive 98/48/EC.

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