Scottish Statutory Instruments
Building And Buildings
Made
22nd November 2022
Laid before the Scottish Parliament
24th November 2022
Coming into force
3rd April 2023
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 2003(1), 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.
1. These Regulations may be cited as the Building (Scotland) Amendment (No. 2) Regulations 2022 and come into force on 3 April 2023.
2. Subject to regulation 5, the Building (Scotland) Regulations 2004(2) are amended in accordance with regulations 3 and 4.
3. In schedule 5 (building standards applicable to design and construction), after paragraph 7.1 (statement of sustainability) insert—
7.2 Every building must be designed and constructed in such a way that provision for the charging of electric vehicles is made where car parking spaces are located within the building or the curtilage of the building.
This standard does not apply to—
(a)a non-domestic building where ten or fewer car parking spaces are present within the building or the curtilage of the building,
(b)alteration to, or extension of a building, other than major renovation works.
In this standard—
“building envelope” in relation to a building, means the walls, floor, roof, windows, doors, roof windows and roof-lights,
“major renovation works” means works for the renovation of a building where ten or more car parking spaces are present within the building or the curtilage of the building and where—
more than 25% of the surface area of the building envelope undergoes renovation, and
the works include works to—
car parking spaces, or
the electrical infrastructure of the building or of the car parking spaces.”.
4. In schedule 6 (building standards applicable to conversions) after paragraph 2 insert—
“2A. Every conversion, to which these regulations apply, which—
(a)alters the number dwellings, or the number of building units, in the building,
(b)changes the occupation or use of—
(i)a residential building to any other type of building, or
(ii)a building so that it becomes a residential building,
must meet the requirements of standard 7.2 (electric vehicle charging) in section 7, sustainability, of schedule 5.
In this paragraph “building unit” means a part of a building which is designed or altered to be used separately.”.
5. The amendments made by 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 provided that the work is—
(a)completed before 3 April 2023, or
(b)not completed before that date and—
(i)the contract for the work is entered into before 3 April 2023, and
(ii)the work is completed on or before 1 July 2023.
JENNY GILRUTH
Authorised to sign by the Scottish Ministers
St Andrew’s House,
Edinburgh
22nd November 2022
(This note is not part of the Regulations)
These Regulations amend the Building (Scotland) Regulations 2004 (the “2004 Regulations”) and come into force on 3 April 2023.
Regulation 3 amends schedule 5 to introduce a mandatory standard for electric vehicle charging facilities. Regulation 4 amends schedule 6 to apply the new standard to conversions in certain circumstances. Regulation 5 makes transitional provision the effect of which is that the amended 2004 Regulations will not apply to work which does not require a building warrant and which is completed before 3 April 2023 or work which is not completed before that date where the contract for the work is entered into before that date and the work is completed before 1 July 2023.
2003 asp 8. Section 1 was amended by section 6(2) of the Public Services Reform (Scotland) Act 2010 (asp 8). Paragraph 5(2) of schedule 1 was amended by S.S.I. 2014/364.
S.S.I. 2004/406. Paragraph 7.1 of schedule 5 was inserted by S.S.I. 2011/120. Schedule 6 was substituted by S.S.I. 2006/534, resulting in the removal of paragraph 3. The new paragraph inserted by these Regulations is accordingly numbered paragraph 2A. There are subsequent amendments to schedule 6 which are not relevant to these Regulations.