Building (Scotland) Act 2003

1. Introductory Text

2. Part 1 Building regulations

   1. Power to make building regulations

      1. 1. Building regulations

      2. 2. Continuing requirements

   2. Relaxation of building regulations

      1. 3. Relaxation of building regulations

   3. Guidance documents

      1. 4. Guidance documents for purposes of building regulations

      2. 5. Compliance with guidance documents

   4. Building standards assessments

      1. 6. Building standards assessments

3. Part 2 Approval of construction work etc.

   1. Verifiers and certifiers

      1. 7. Verifiers and certifiers

   2. Building warrants

      1. 8. Building warrants

      2. 9. Building warrants: grant and amendment

      3. 10. Building warrants: extension, alteration and conversion

      4. 11. Building warrants: certification of design

      5. 12. Building warrants: reference to Ministers

      6. 13. Building warrants: further provisions

      7. 14. Building warrants: limited life buildings

      8. 15. Building warrants: late applications

      9. 16. Applications and grants: offences

   3. Completion certificates

      1. 17. Completion certificates

      2. 18. Completion certificates: acceptance and rejection

      3. 19. Completion certificates: certification of construction

      4. 20. Completion certificates: offences

      5. 21. Occupation or use without completion certificates

   4. Imposition of continuing requirements by verifiers

      1. 22. Imposition of continuing requirements by verifiers

      2. 23. Discharge and variation of continuing requirements imposed by verifiers

   5. Building standards registers

      1. 24. Building standards registers

4. Part 3 Compliance and enforcement

   1. 25. Building regulations compliance

   2. 26. Continuing requirement enforcement notices

   3. 27. Building warrant enforcement notices

5. Part 4 Defective and dangerous buildings

   1. 28. Defective buildings

   2. 29. Dangerous buildings

   3. 30. Dangerous building notices

6. Part 5 General

   1. Building Standards Advisory Committee

      1. 31. Building Standards Advisory Committee

   2. Functions of Ministers, local authorities, verifiers and certifiers

      1. 32. Exercise of local authority functions

      2. 33. Procedure regulations

      3. 34. Reports and information

   3. Scheduled monuments, listed buildings etc.

      1. 35. Scheduled monuments, listed buildings etc.

   4. Documents

      1. 36. Forms

      2. 37. Service of notices etc.

   5. Fees and charges

      1. 38. Fees and charges

   6. Entry, inspection and tests

      1. 39. Powers of entry, inspection and testing

      2. 40. Work required by notice: right of entry

      3. 41. Tests of materials

   7. Evacuation of buildings

      1. 42. Evacuation of buildings

      2. 43. Unlawful occupation of evacuated buildings

   8. Execution of work

      1. 44. Expenses

      2. 45. Compulsory purchase where owner cannot be found

      3. 46. Sale of materials from demolished buildings

   9. Charging orders

      1. 46A. Charging orders

      2. 46B. Qualifying expenses

      3. 46C. Repayable amount

      4. 46D. Charging order provision and early repayment

      5. 46E. Registration

      6. 46F. Liability of new owner

      7. 46G. Continuing liability of former owner

      8. 46H. “Register” and “appropriate land register”

   10. Appeals

       1. 47. Appeals

   11. Offences and liability

       1. 48. Penalties for offences

       2. 49. Offences by bodies corporate etc.

       3. 50. Criminal liability of trustees etc.

       4. 51. Civil liability

   12. Inquiries

       1. 52. Inquiries

   13. Crown application

       1. 53. Crown application

   14. Orders and regulations

       1. 54. Orders and regulations

   15. Interpretation

       1. 55. Meaning of “building”

       2. 56. Interpretation

7. Part 6 Supplementary

   1. 57. Ancillary provision

   2. 58. Modification of enactments

   3. 59. Commencement and short title

8. 1. SCHEDULE 1

      Building regulations

      1. 1. This schedule is without prejudice to the generality of section...

      2. 2. Building regulations may be framed to any extent by reference...

      3. 3. Building regulations may make special provision for buildings intended to...

      4. 4. Building regulations may exempt such description of—

      5. 5. (1) Building regulations may, for any of the purposes specified...

   2. SCHEDULE 2

      Verifiers and certifiers

      1. 1. A verifier or certifier is appointed under section 7(1) for...

      2. 2. An appointment may be made subject to such limitations as...

      3. 3. Despite paragraph 1, an appointment may be varied or terminated...

      4. 4. A person who is a certifier by virtue of membership...

      5. 5. When the appointment of a verifier (the “former verifier”) terminates,...

      6. 6. A verifier is not entitled to exercise any functions as...

      7. 7. An approved certifier of design is not entitled to issue...

      8. 8. An approved certifier of construction is not entitled to issue...

      9. 9. A verifier is not entitled to exercise any function as...

      10. 10. Such a direction may be given to a particular verifier...

      11. 11. For the purposes of paragraph 9, a verifier has an...

      12. 12. Such regulations may specify different such interests in relation to...

   3. SCHEDULE 3

      Procedure regulations: particular matters

      1. 1. The submission to a verifier along with any application for...

      2. 2. The submission to a verifier along with a completion certificate...

      3. 3. Consultation by verifiers.

      4. 4. The statement by local authorities and verifiers of reasons for...

      5. 5. The maintenance by local authorities and verifiers of records of—...

      6. 6. The duration of the validity of building warrants.

      7. 7. The notification to local authorities and verifiers of the dates...

      8. 8. The maintenance by certifiers of records of certificates issued by...

   4. SCHEDULE 4

      Powers of entry, inspection and testing: further provision

      1. 1. (1) Entry into any premises by virtue of section 39(1)...

      2. 2. (1) If a sheriff or justice of the peace is...

      3. 3. A person entitled to exercise any power conferred by section...

      4. 4. A person who enters any premises in the exercise of...

      5. 5. A person who enters any premises in the exercise of...

      6. 6. A person who enters any premises in the exercise of...

   5. SCHEDULE 5

      Evacuation of buildings

      1. 1. This schedule applies for the purpose of securing the removal...

      2. 2. The local authority may apply to the sheriff—

      3. 3. Such an application must be accompanied by a certificate signed...

      4. 4. On such an application, the sheriff may require—

      5. 5. Except in a case where removal was required under section...

      6. 6. On an application in a case where removal was required...

      7. 7. The decision of the sheriff on the application is final....

      8. 8. In proceedings under this schedule a certificate—

      9. 9. If a person removing from a building in compliance with...

      10. 10. But the tenant is not liable for rent in respect...

      11. 11. If the tenant resumes lawful occupation, the same terms and...

      12. 12. In paragraphs 10 and 11, “lawful” occupation means occupation which...

   6. SCHEDULE 6

      Modification of enactments

      1. 1. The Building (Scotland) Act 1959 is repealed.

      2. 2. In section 21(3) (definition of “building”) of the Sewerage (Scotland)...

      3. 3. In the Mines and Quarries (Tips) Act 1969, in section...

      4. 4. The Building (Scotland) Act 1970 is repealed.

      5. 5. In the Chronically Sick and Disabled Persons Act 1970, in...

      6. 6. (1) The Fire Precautions Act 1971 is amended as follows....

      7. 7. (1) The Land Compensation (Scotland) Act 1973 is amended as...

      8. 8. In the Local Government (Scotland) Act 1973, Part I of...

      9. 9. In the Health and Safety at Work etc. Act 1974,...

      10. 10. In the Control of Pollution Act 1974, in section 61(2)...

      11. 11. In the Safety of Sports Grounds Act 1975, in section...

      12. 12. (1) In the Licensing (Scotland) Act 1976, section 23 (special...

      13. 13. In the Ancient Monuments and Archaeological Areas Act 1979, in...

      14. 14. (1) The Civic Government (Scotland) Act 1982 is amended as...

      15. 15. In the Roads (Scotland) Act 1984, in Schedule 9, paragraph...

      16. 16. In the Housing (Scotland) Act 1986, section 19 and paragraph...

      17. 17. In the Housing (Scotland) Act 1987, in Schedule 23, paragraph...

      18. 18. In the Fire Safety and Safety of Places of Sport...

      19. 19. In the Local Government Act 1988, in section 17(5) (which...

      20. 20. In the Clean Air Act 1993, in section 16(5) (which...

      21. 21. In the Local Government etc. (Scotland) Act 1994, in Schedule...

      22. 22. In the Criminal Procedure (Scotland) Act 1995, in Schedule 9(certificates...

      23. 23. In the Planning (Consequential Provisions) (Scotland) Act 1997, in Schedule...

      24. 24. In the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999,...

      25. 25. In section 7(3) of the Local Government in Scotland Act...