Building (Scotland) Act 1959 (repealed)

9 Certificates of completion. S

(1) After the completion of the construction of any building in respect of which a warrant has been granted by a [F1 local authority] any person having an interest to do so may apply to the [F1 local authority] for a certificate under this section (in this Act referred to as a “certificate of completion”), and within such period as may be prescribed the [F1 local authority] shall, in accordance with the following provisions of this section, either grant the certificate or notify the applicant of their refusal to do so.

(2) A buildings authority shall grant a certificate of completion in respect of any building if, [F2 so far as they are able to ascertain after taking all reasonable steps in that behalf,] the building complies with the conditions on which the relative warrant was granted.

[F3 (2A) Where the Secretary of State has issued a relevant class warrant, a local authority shall grant a certificate of completion in respect of any building unless—

(i) the approved design (or an approved variation) has not been complied with whether by reason of faulty workmanship or otherwise; or

(ii) the building standards regulations in relation to any part of the building to which section 4B of this Act does not apply have not been complied with.]

(3) In respect of so much of a building as consists of an electrical installation a building authority shall not [F2 grant a certificate of completion] unless there is produced to them a certificate granted by the person who installed the installation certifying that the installation complies with such of the said conditions as relate to it:

Provided that this subsection shall not apply in a case where it is shown to the satisfaction of the [F1 local authority] that for some reasonable cause such a certificate cannot be produced.

[F4 (3A) In respect of so much of a building as consists of such an installation as may be prescribed, not being an electrical installation, a [F1 local authority] shall not grant a certificate of completion unless there is produced to them a certificate granted by a person of such class as may be prescribed certifying that the installation complies with such of the said conditions as relate to it:

Provided that this subsection shall not apply in a case where it is shown to the satisfaction of the [F1 local authority] that for some reasonable cause such a certificate cannot be produced.]

(4) If any person, for the purpose of procuring the grant of a certificate of completion, grants or produces under [F5 subsection (3) or (3A) above] a certificate which he knows to be false or misleading in a material particular, or recklessly grants or produces such a certificate which is false or misleading in a material particular, he shall be guilty of an offence against this Act.

(5) Subject to the next following subsection, no person shall occupy or use a building (being a building which has been constructed by virtue of a warrant granted under this Act) before a certificate of completion in respect of the building has been issued by the [F1 local authority], and any person who wilfully contravenes this subsection shall be guilty of an offence against this Act:

Provided that nothing in this subsection shall apply to any occupation or use which is solely for the purpose of the construction of the building.

(6) Where on application made to them it appears to a [F1 local authority] that, because of exceptional circumstances, it is reasonable that a building to which the last foregoing subsection applies should be temporarily occupied or used before a certificate of completion in respect of it has been issued they may (whether or not the construction of the building has been completed) grant written permission for such occupation or use during such period as may be specified in the permission (which period may be extended from time to time by a like permission); and while any permission under this subsection is in force in relation to any building the last foregoing subsection shall not have effect in relation to that building.

(7) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

(8) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . F6

Textual Amendments

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

F2 Words substituted by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 7 para. 5(a)(b)

F3 S. 9(2A) inserted by Housing (Scotland) Act 1986 (c. 65, SIF 61), s. 19(5)

F4 S. 9(3A) added by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 7 para. 5(c)

F5 Words substituted by Health and Safety at Work etc. Act 1974 (c. 37), Sch. 7 para. 5(d)

F6 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