Scottish Statutory Instruments

2004 No. 428

BUILDING AND BUILDINGS

The Building (Procedure) (Scotland) Regulations 2004

Made

30th September 2004

Laid before the Scottish Parliament

1st October 2004

Coming into force in accordance with regulation 1

ARRANGEMENT OF REGULATIONS

Go to Preamble

  1. PART I

    GENERAL

    1. 1. Citation and commencement

    2. 2. Interpretation

  2. PART II

    APPLICATION TO A VERIFIER FOR BUILDING WARRANT

    1. 3. Application of this Part

    2. 4. Making of application for building warrant

    3. 5. Warrants granted where section 9(4) of the Act applies (staged warrants)

    4. 6. Building warrants: conversion

    5. 7. Building warrants: late applications

    6. 8. Building warrants: rejection of applications

    7. 9. Determination of application

    8. 10. Consultation

    9. 11. Consultation – Fire Authority

    10. 12. Building warrants: staged warrants

    11. 13. Building warrants: continuing requirements

    12. 14. Discharge and variation of continuing requirements imposed by verifiers

    13. 15. Building warrants: warrants for demolition

    14. 16. Building warrants: limited life buildings

    15. 17. Documents to be forwarded to local authority with copy building warrant or amendment

    16. 18. Documents to be sent with notification to owner

    17. 19. Duration of building warrant

  3. PART III

    REFERENCE TO SCOTTISH MINISTERS FOR A VIEW IN RESPECT OF AN APPLICATION FOR A BUILDING WARRANT

    1. 20. Making of a reference for a view

  4. PART IV

    APPLICATION TO SCOTTISH MINISTERS FOR A DIRECTION IN RELATION TO A PARTICULAR BUILDING

    1. 21. Application of this Part

    2. 22. Making of an application for direction

    3. 23. Application for building warrant

    4. 24. Intimation

  5. PART V

    APPLICATION TO SCOTTISH MINSTERS FOR A DIRECTION IN RELATION TO A DESCRIPTION OF BUILDING

    1. 25. Application of this Part

    2. 26. Making of an application for direction

    3. 27. Process of consultation

    4. 28. Determination

    5. 29. Registration in Building Standards Register

  6. PART VI

    VERIFIERS

    1. 30. Appointment of verifiers

  7. PART VII

    PROCEDURE RELATING TO CERTIFICATION OF DESIGN AND CONSTRUCTION

    1. 31. Appointment of certifiers

    2. 32. Issue by certifiers of certificates of design and construction

    3. 33. Issue of certificate by certifier of design

    4. 34. Further certificates

    5. 35. Schemes under section 7(2) of the Act

    6. 36. Determination of Application for Approval of a Scheme

    7. 37. Maintenance of records by certifiers

    8. 38. Removal of verifiers and certifiers

    9. 39. Verifiers having an interest in a building

    10. 40. Evaluation of performance of verifiers and certifiers

  8. PART VIII

    PROCEDURE IN RELATION TO COMPLETION CERTIFICATES

    1. 41. Submission of Completion Certificates

    2. 42. Completion certificates – multiple buildings

    3. 43. Acceptance and rejection of completion certificates

    4. 44. Consideration of completion certificate

    5. 45. Acceptance of completion certificates – multiple buildings

    6. 46. Documents and information to be sent

    7. 47. Rejection of completion certificate

    8. 48. Information to fire authority

    9. 49. Occupation or use without completion certificate

    10. 50. Imposition of continuing requirements by verifiers

  9. PART IX

    NOTICES BY LOCAL AUTHORITIES

    1. 51. Notices served by local authorities

    2. 52. Evacuation of Buildings

  10. PART X

    GENERAL PROCEDURE OF LOCAL AUTHORITIES AND VERIFIERS

    1. 53. Application of this Part

    2. 54. Procedure at hearing

    3. 55. Assessors

    4. 56. Decisions of verifiers and local authorities

    5. 57. Maintenance of records

    6. 58. Inspection of records and applications

    7. 59. Notices regarding work

    8. 60. Deemed determination

    9. 61. Requirement of tests by local authorities

    1. SCHEDULE 1

      GENERAL INFORMATION TO BE CONTAINED IN APPLICATION UNDER REGULATION 4(1)(A)

    2. SCHEDULE 2

      INFORMATION TO BE SUBMITTED WITH SPECIFIC APPLICATIONS

      1. SECTION A

        Application for warrant to erect a building

      2. SECTION B

        Application for warrant to extend a building

      3. SECTION C

        Application for warrant to alter or convert a building or to provide services, fittings amd equipment in or in connection with a building

      4. SECTION D

        Application for warrant to demolish a building

      5. SECTION E

        Application for amendment of warrant under section 9(5) or (6) of the Act

      6. SECTION F

        Directions

      7. SECTION G

        Supplementary Information

Go to Explanatory Note

The Scottish Ministers, in exercise of the powers conferred by sections 9(3), 24(2), 33, 36, 38, 47(2), 54 of, and Schedules 2 and 3 to, the Building (Scotland) Act 2003(1), and of all other powers enabling them in that behalf, hereby make the following regulations: