Why should I use an Approved Certifier?When you use an approved certifier to certify design or construction you will get the reassurance that your application or completion certificate complies with building regulations. The application should take less time to process because the verifier only needs to confirm the approved certifiers registration. You will also get a discount on the warrant fee if you use an approved certifier of design, but the certifier will charge you for the certificate. You will also get a small refund if you use an approved certifier of construction to certify work for the completion certificate, provided you notify the verifier in writing before the start of work on site.
Where can I get a copy of the Building (Scotland) Regulations 2004 and the Technical Handbooks?You can get these from most good bookshops and you may view or download the Technical Handbooks on the sbsa website at http://www.sbsa.gov.uk/ free of charge. If you use an architect or other suitably qualified person they should be conversant with the guidance in the Handbooks.
When can I move into a new property?Prior to occupation of a new property, a 'habitation certificate' in the form of a Temporary Occupation/Use Certificate or Certificate of Completion must be issued to you. It is an offence to you occupy or use a new building without first having obtained either one of those certificates.
What kind of building works are covered by the Building (Scotland) Regulations 2004?The Building (Scotland) Regulations 2004 apply to the construction of new buildings, alterations and extensions to existing buildings, demolition of buildings and to the conversion of buildings. Some of the work you intend to undertake, such as apparently simple alterations to internal walls, may not appear to require a building warrant but could lead to a contravention of the building regulations or could have implications for adjacent property. It is therefore always advisable to seek professional advice and to consult the verifier before going ahead with any proposal affecting your property.
What is an Approved Certifier?Approved certifiers have government approval to certify that the design or construction of a building complies with the Building (Scotland) Regulations 2004. A register of approved certifiers will be kept by the SBSA and can be accessed on the agency website. The register also contains details of the matters which the certifiers are authorised to deal with.
What is a conversion?A conversion is a specified change of occupation or use of a building which will cause the Building (Scotland) Regulations 2004 to apply, for example changing a loft space from storage use to an apartment or a garage into a bedroom. For anything more complex it is likely that professional advice will be required and Schedule 2 in section 0 of the Technical Handbooks lists 10 specific types of work defined as a conversion. If you are in doubt you should seek advice from the verifier. Please note that a building warrant is required for a conversion even if no building work is carried out.
What happens when my building work is finished?When your building work is finished, it is your responsibility (as the relevant person) to submit a completion certificate on the appropriate form. A completion certificate is needed to confirm that a building has been constructed, altered or converted in accordance with the warrant and the Building (Scotland) Regulations 2004. It is an offence to submit a false completion certificate or to occupy a building without a completion certificate being accepted by the verifier. The verifier must make reasonable inquiry to establish that the work complies with the warrant. If satisfied that the work complies, a verifier must accept a completion certificate. The verifier must give acceptance, or refusal (with reasons) within 14 days.
What happens if I cannot comply with a Regulation?You might be able to apply for a dispensation or relaxation of a particular building regulation with which you are unable to comply. An application form for a relaxation of the Building Regulations can be obtained from the Building Standards Service.
What constitutes a contravention of the Building (Scotland) Regulations 2004, and what happens if I do contravene these regulations?You are committing an offence if you start work, without a warrant, on work that requires a building warrant. It is also an offence to contravene the requirements of Building (Scotland) Regulations 2004. You are committing an offence if you occupy or use a new building without first having submitted a completion certificate and it being accepted by the verifier. The exception is if you receive permission from the verifier for the temporary occupation or use of the building for a specified time. The local authority can take enforcement action in each instance. Contravention of the regulations can incur a maximum fine and an additional daily fine if the offence continues (£5,000 with an additional fine of £50 per day as at 18 October 2004).
What are the Building Regulations?Building Regulations are legal requirements laid down by the Scottish Parliament that are intended to provide reasonable standards for the purpose of securing the health, safety, welfare and convenience of people in and around buildings, for conserving fuel and power and for furthering the achievement of sustainable development. The requirements are set by the Building (Scotland) Regulations 2004. The guidance contained in the Technical Handbooks, for domestic and non-domestic buildings will assist you to comply with the Regulations.
Is my building subject to inspection whilst in progress?Your verifier may inspect while work is in progress to check that the warrant is being complied with. However, the verifier is not responsible for checking the quality of work done or supervising the builders employed. Supervision of the building work should be the responsibility of your architect or other person appointed by you for that purpose. The verifier does not inspect work that is to be covered by an approved certifier of construction.
Is it necessary to obtain a Certificate of Completion when my building work is finished.Yes. You should complete and return to your local authority an application for a certificate of completion, together with a certificate of compliance for the electrical installation where appropriate. You cannot occupy the building until you have the Certificate of Completion.
Do I need to inform my neighbours when I make my application for a warrant and do they have the right to object to works shown in my application?No, you do not have to inform your neighbours that you are applying for a warrant. However, a warrant only shows compliance with the Building (Scotland) Regulations 2004. Where the proposed building work is likely to affect or involve a mutual part of a building, you may have other legal obligations. It is advisable and neighbourly to inform any affected party. Note also that if you need planning permission for the work (which is separate from the building warrant) neighbour notification is required. Your planning authority can advise you on planning matters.
Can I occupy premises before receiving my Certificate of Completion?It is an offence to occupy a building which has not had a Completion Certificate accepted. Under exceptional circumstances the Council can issue a Certificate of Temporary Occupation for a limited period.
Are there any types of building work that are exempt from the Building (Scotland) Regulations 2004?Yes. Certain broad categories of buildings are exempt, and the full list is included in schedule 1 in section 0 of the Technical Handbooks. If you are not sure, you should seek advice from an independent professional or the verifier.