2022 No. 136
The Building (Scotland) Amendment Regulations 2022
Made
Laid before the Scottish Parliament
Coming into force in accordance with regulation 1
The Scottish Ministers make the following Regulations in exercise of the powers conferred by sections 1 and 54(2) and schedule 1 of the Building (Scotland) Act 20031, and all other powers enabling them to do so.
In accordance with section 1(2) of that Act they have consulted with such persons as appear to them to be representative of the interests concerned.
PART 1Citation and commencement
Citation and commencementI31
1
These Regulations may be cited as the Building (Scotland) Amendment Regulations 2022.
2
These Regulations (other than Part 3) come into force on 1 June 2022.
3
Part 3 comes into force on F21 February 2023.
PART 2Amendment of the Building (Scotland) Regulations 2004 on 1 June 2022
Amendment of the Building (Scotland) Regulations 2004 – 1 June 2022I62
Subject to regulation 6, the Building (Scotland) Regulations 20042 are amended in accordance with regulations 3 to 5.
Amendment of regulation 8 – fitness and durability of materials and workmanshipI13
In regulation 8 (fitness and durability of materials and workmanship), after paragraph (2) insert—
3
Subject to paragraph (4), work must be carried out so that materials which form part of an external wall cladding system, or specified attachment, of a relevant building are of European Classification A2-s1, d0 or A1, classified in accordance with BS EN 13501-1:2018 entitled “Fire classification of construction products and building elements. Classification using testing data from reaction to fire tests” published by the British Standards Institution.
4
Paragraph (3) does not apply to materials which form part of—
a
cavity trays,
b
cavity vents,
c
a roof (other than a roof pitched at an angle 70 degrees or more to the horizontal) if that part is connected to an external wall,
d
door frames and doors,
e
insulation and water proofing materials used below the ground and up to 300 mm above the ground,
f
intumescent and fire stopping materials, fire barriers and cavity barriers where the inclusion of the materials is necessary to meet the requirements in section 2 (fire) of schedule 5 (building standards applicable to design and construction),
g
membranes,
h
seals, gaskets, fixings, sealants and backer rods,
i
thermal break materials,
j
window frames and glass.
5
Work must be carried out so that an external wall cladding system or internal lining does not comprise of highly combustible metal composite material.
6
In this regulation—
“highly combustible metal composite material” means any panel or sheet, having a thickness of no more than 10 mm, which consists of a number of layers, two or more of which are made of metal, alloy, or metal compound and one or more substantial layer of which is made of material having a gross calorific value of more than 35 MJ/kg when tested in accordance with BS EN ISO 1716:2018 entitled “Reaction to fire tests for products – Determination of the gross heat of combustion (calorific value)” published by the British Standards Institution,
“relevant building” means a building having a storey, or creating a storey (not including roof-top plant areas or any storey consisting exclusively of plant rooms) at a height of 11 metres or more above the ground and which contains—
- a
a dwelling,
- b
a building used as a place of assembly, or as a place of entertainment or recreation,
- c
a hospital,
- d
a residential care building or sheltered housing complex,
- e
a shared multi-occupancy residential building,
“specified attachment” means—
- a
a balcony,
- b
solar shading,
- c
a solar panel,
attached to an external wall,
“substantial layer” means a layer is one which is at least 1 mm thick or has a mass per unit area of at least 1 kg per m².
Amendment of schedule 3 – descriptions of building and work, including the provision of services, fittings and equipment, not requiring a warrantI44
In schedule 3 (descriptions of buildings and work, including the provision of services, fittings and equipment, not requiring a warrant)—
a
in paragraph 17 for “thermal insulating material to the outer surface of an external wall” substitute “an external wall cladding system that consists of thermal insulating material”
,
b
in paragraph 25 omit “cladding,”,
c
after paragraph 25 insert—
25A
Replacement of part of an external wall cladding system when the replacement is to make a minor repair.
Amendment of schedule 5 – building standards applicable to design and constructionI55
In schedule 5 (building standards applicable to design and construction), in paragraph 2.7 (spread on external walls) after “way” insert “, having regard to the height, use and position of the building,”
.
Transitional provisionI26
The amendments made by Part 2 of these Regulations do not apply to work, which by virtue of regulation 5 and schedule 3 of the Building (Scotland) Regulations 2004, does not require a building warrant if that work is—
a
completed before 1 June 2022, or
b
not completed before that date and—
i
the contract for the work is entered into before 1 June 2022, and
ii
the work is completed on or before 30 September 2022.
PART 3Amendment of the Building (Scotland) Regulations 2004 on F11 February 2023
Amendment of the Building (Scotland) Regulations 2004 – F31 February 2023I77
Subject to regulation 11, the Building (Scotland) Regulations 20043 are amended in accordance with regulations 8 to 10.
Amendment of regulation 2 – interpretationI88
In regulation 2 (interpretation)—
a
after the definition of “different occupation” insert—
“direct emission heating system”, in relation to a building, means a system (other than a heat network) by which the building is heated or is cooled, or by which hot water is made available in the building, which uses thermal energy produced by a source of production which—
- a
is located within the building, or curtilage of the building, and
- b
during normal operation produces greenhouse gas emissions at the point of production of that thermal energy,
Amendment of schedule 5 – building standards applicable to design and constructionI99
In schedule 5—
a
after paragraph 3.27 (water efficiency) insert—
3.28Overheating risk
Every building must be designed and constructed in such a way that the risk to the health of the occupants from overheating is reduced.
Limitation
This standard applies only to—
a
a unit of residential accommodation occupied by an individual, or individuals, living together as a family or as a single household,
b
a shared multi-occupancy residential building,
b
in paragraph 6.1 (carbon dioxide emissions)—
i
for the heading substitute “Energy demand and carbon dioxide emissions”
,
ii
at the end of sub-paragraph (b) omit “and”,
iii
after sub-paragraph (c) insert—
d
it is capable of reducing the energy demand of the building.
iv
in the limitation to the standard—
aa
for “This standard does not apply to–” substitute—
1
Standard 6.1(b) only applies in respect of a building which is heated or cooled, or in which hot water is made available, by means of a direct emissions heating system.
2
This standard does not apply to—
bb
at the end of sub-paragraph (d) of the new paragraph (2) omit “or”,
c
in paragraph 6.7 (commissioning building services)—
i
after “energy supply systems” insert “, control systems”
,
ii
after “achieve” insert “effective operation and”
.
Amendment of schedule 6 – building standards applicable to conversionsI1010
In schedule 6, in paragraph 2(c) after “3.19” insert “, 3.28”
.
Transitional provisionI1111
The amendments made by Part 3 of these Regulations do not apply to work, which by virtue of regulation 5 and schedule 3 of the Building (Scotland) Regulations 2004, does not require a building warrant if that work is—
a
completed before F41 February 2023, or
(This note is not part of the Regulations)
Words in Pt. 3 heading substituted (30.11.2022) by The Building (Scotland) Amendment (Amendment) (No. 2) Regulations 2022 (S.S.I. 2022/340), regs. 1, 2(3)