The Building (Procedure) (Scotland) Regulations 2004

Explanatory Note

(This note is not part of the Regulations)

These Regulations which are made under the Building (Scotland) Act 2003 (“the Act”) set out the procedures to be followed in connection with the submission of applications for building warrants, completion certificates and other related matters. It also details the criteria to which the Scottish Ministers are to have regard when approving schemes in terms of section 7 of the Act and the process for appointment of verifiers and certifiers.

Part I covers general matters.

Part II deals with the various stages in the building warrant process from submission of the application through to its determination.

Part III covers the procedure applicable when a view is sought from the Scottish Ministers in respect of an application for a building warrant.

Parts IV and V cover the procedure where firstly a direction is sought from Scottish Ministers in relation to a particular building and secondly in relation to a description of building.

Part VI covers the considerations to which the Scottish Ministers are to have regard before appointing verifiers.

Part VII deals with the procedure for the appointment of certifiers of construction and design, including the considerations to which Scottish Ministers are to have regard. This part also covers the procedure for applying for approval of a scheme, the members of which are entitled to exercise the functions of either or both certifiers of design and construction.

Part VIII contains regulations for the procedure for the submission of a completion certificate and the acceptance or rejection of such a certificate.

Part IX deals with notices served by local authorities under sections 25 to 30 of the Act (compliance and enforcement) and under section 42 of the Act (evacuation) and the requirement for those to be entered into the building standards register.

Part X covers general procedure of the local authorities and verifiers including the procedure at hearings, use of assessors and the maintenance and inspection of records.

There are two Schedules to the regulations as follows:–

• Schedule 1 details general information to be included in the application for a building warrant.

• Schedule 2 lists in section A to F the information to be submitted with specific applications for a building warrant whilst section G covers supplementary information.