Building (Scotland) Act 1959 (repealed)

6 Application of building standards regulations and building operations regulations to construction or demolition, and to change of use, of buildings. S

(1) No person shall—

(a) in any place conduct any operations for the construction or demolition of a building of a class to which the building standards regulations apply, or

(b) change the use of any building.

unless there has been obtained from the [F1 local authority] a warrant for the construction, demolition or change of use, as the case may be, and any person who contravenes this subsection shall be guilty of an offence against this Act:

Provided that nothing in this subsection shall apply to any operations for the alteration of a building which consist solely of the fitting of a fixture of any such kind as may be prescribed for the purposes of this subsection.

(2) A [F1 local authority] shall, subject to subsection (8) of this section, [F2 and to section 6A of this Act] grant a warrant such as is mentioned in the foregoing subsection on application being made therefor in the prescribed manner—

(a) in the case of a warrant for the construction or demolition of a building, if, but only if, they are satisfied that the operations involved will be conducted in accordance with the building operations regulations, and (in the case of operations for the construction of a building) that nothing in any plan, specification or other information submitted with the application shows that the building when constructed will fail to conform to the building standards regulations; and

(b) in the case of a warrant for the change of use of a building, if, but only if, they are satisfied that after the change of use the building will conform to so much of the building standards regulations as will become applicable, or will apply more onerously, to the building by reason of the change of use.

(3) A warrant for the construction of a building shall be subject to the condition that the building shall be constructed as described in the warrant (including any relative plans and specifications) and in accordance with the building standards regulations, and, in a case where a direction has been given [F3 under—

(a) section 4 or 4A(3) of this Act, subject also to the condition that such conditions, if any, as are specified in the direction are observed;

(b) section 6A(7) of this Act, subject also to the condition that such requirements as are specified in the direction are complied with.]

[F4 (3A) Notwithstanding that a [F1 local authority] are not satisfied that the information submitted to them with an application for a warrant for the construction of a building is sufficient in respect of such stage in the construction as may be prescribed to show that the building when constructed will not fail to conform to the building standards regulations, they may grant a warrant for the construction of the building but subject to the condition that work on such prescribed stage shall not be proceeded with until such further information relating to that stage as they may require is submitted to them and until they have made an amendment to the terms of the warrant authorising such work to proceed:

Provided that they shall, subject to subsection (8) of this section, make such an amendment on application being made therefor in the prescribed manner only if they are satisfied that nothing in the information submitted to them in respect of the prescribed stage shows that that stage when constructed will fail to conform to the building standards regulations.]

(4) In relation to a building to be constructed in accordance with any special provisions of the building standards regulations relating to buildings intended to have a limited life (as mentioned in paragraph (b) of subsection (3) of section three of this Act) any application for a warrant shall state the period of intended life of the building (being not greater than that specified in the said provisions of the building standards regulations) and, without prejudice to the last foregoing subsection and subject to the next following subsection, the warrant shall be subject to the condition that the building will be demolished on or before the expiration of the period so stated.

(5) Where a warrant contains such a condition as is mentioned in the last foregoing subsection application may be made to the [F1 local authority], before the expiration of the period specified in the warrant, for an extension of the said period and the authority may, if they are satisfied that it is proper to do so, having regard to the special provisions mentioned in the last foregoing subsection, extend the period, and further extend it from time to time, so however that no such extension by itself shall exceed the period for the time being specified in the said provisions in the building standards regulations.

(6) A warrant for the demolition of a building shall be subject to the condition that the demolition shall be completed within such period from the commencement of the operations for the demolition as may be specified in the warrant.

(7) If, after a warrant has been granted for the construction of a building and before any certificate of completion has been granted in respect of the building, the person holding the warrant desires to deviate from any plans or specifications to which he is required by the warrant to adhere he may apply to the [F1 local authority] for an amendment of the terms of the warrant to cover the proposed deviation, and that authority shall then (subject to the next following subsection) make the amendment if, but only if, they are satisfied that the proposed deviation is in conformity with the building standards regulations.

(8) Notwithstanding anything in this section it shall be competent for—

(a) . . . . F5

[F6 (b) any [F1 local authority] to refuse to grant a warrant (or an amendment of the terms of a warrant) if the application for it has not been duly made in the prescribed manner, or

(c) any [F1 local authority] to refuse to grant a warrant (or an amendment of the terms of a warrant), where the application relates to an extension to, or alteration of, a building, if they consider—

(i) in the case of a building which at the time of the application conformed to the building standards regulations, that as a direct result of the extension or, as the case may be, the alteration the building as extended or altered will fail to conform to the said regulations, or

(ii) in the case of a building which at the time of the application failed to conform to the building standards regulations, that as a direct result of the extension or, as the case may be, the alteration, the building as extended or altered will fail to conform to the said regulations to a greater degree than that to which it failed to conform at the time of the application.]

and nothing in this section shall be taken to prejudice the operation of . . . F7 [F8 section 33 of the M1 Civil Defence Act 1939, section 10 of the M2 Clean Air Act 1956] or sections two, three, or six of the M3 Thermal Insulation (Industrial Buildings) Act 1957 (which sections in their application to Scotland relate to the power of [F1 local authorities] to refuse to grant warrants in certain circumstances).

(9) Where under any provision of this Act or any other enactment a person is required or authorised—

(a) by a [F1 local authority] to carry out any operations for the construction or demolition of any building, . . . F9

(b) . . . . F5

a warrant shall be deemed to have been granted in respect of the construction or, as the case may be, the demolition.

(10) For avoidance of doubt it is hereby declared that, in respect of any building, subsection (1) of this section applies to any such deviation as is mentioned in subsection (7) of this section as it applies to the construction of the building.

Textual Amendments

F1 Words substituted by Local Government (Scotland) Act 1973 (c. 65), Sch. 15 para. 1

F2 Words inserted by Building (Scotland) Act 1970 (c. 38), Sch. 1 Pt. I para. 1(a)

F3 Words substituted by Building (Scotland) Act 1970 (c. 38), Sch. 1 Pt. I para. 1(b)

F4 S. 6(3A) added by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 7, para. 4(a)

F5 Ss. 1, 2(1)—(3), 6(8)(a)(9)(b), 9(7)(8), 18(2), 21, 27, 29(6)(7)(9), Schs. 1, 2, 8, 9 paras. 2, 3 repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

F6 S. 6(8)(b)(c) substituted for s. 6(8)(b) by Building (Scotland) Act 1970 (c. 38), s. 3

F7 Words repealed by Statute Law (Repeals) Act 1989 (c. 43), s. 1(1), Sch. 1 Pt. VII

F8 Words inserted by Building (Scotland) Act 1970 (c. 38), Sch. 1 Pt. I para. 1(c)

F9 Word repealed by Local Government (Scotland) Act 1973 (c. 65), Sch. 29

Modifications etc. (not altering text)

C1 S. 6 applied with modification by Control of Pollution Act 1974 (c. 40), s. 61(2)

C2 The proviso to section 6(1) amended (1.4.1991) by S.I. 1990/2179, reg. 4

Marginal Citations

M1 1939 c. 31.

M2 1956 c. 52.

M3 1957 c. 40.