Acts of the Scottish Parliament

2003 asp 8

The Bill for this Act of the Scottish Parliament was passed by the Parliament on 20th February 2003 and received Royal Assent on 26th March 2003

An Act of the Scottish Parliament to make further provision with respect to buildings, building standards, work in relation to buildings and related matters; and for connected purposes.

(a) securing the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings,

(b) furthering the conservation of fuel and power, and

(c) furthering the achievement of sustainable development,

(a) the Building Standards Advisory Committee, and

(b) such other persons as appear to them to be representative of the interests concerned.

(a) on an application made to them by any person, give a direction dispensing with or relaxing the provision in question in relation to the building,

(b) whether or not on an application made to them, give a direction dispensing with or relaxing the provision in question generally in relation to a description of building.

(a) may be given unconditionally or subject to such conditions as the direction may specify,

(b) ceases to have effect on such date (if any) as the direction may specify,

(c) may be varied or revoked by a further direction.

(a) the Building Standards Advisory Committee, and

(b) such other persons as appear to them to be representative of the interests concerned.

(a) the local authority, and

(b) every verifier authorised to exercise functions under this Act in relation to the building in question or other buildings of that description in the area of the local authority.

(a) every verifier, and

(b) every local authority which is not a verifier.

(a) an application for a building warrant is made to a verifier,

(b) all or part of the building to which the application relates is of a description to which a direction under subsection (2)(b) relates, and

(c) after the application is lodged, the direction ceases to have effect by virtue of subsection (4)(b) or is varied or revoked under subsection (4)(c),

(a) identifying the guidance document or, as the case may be, the revision,

(b) stating the date on which the document or revision is to take effect, and

(c) specifying the provisions of building regulations for the purpose of which the document or revision is issued.

(a) identifying the document in question, and

(b) stating the date on which the document is to cease to have effect.

"guidance document" means a document issued under subsection (1) of this section subject to any revision issued under that subsection,

"document" includes part of a document.

(a) a document purporting to be a notice issued under section 4(2) or (4) is to be taken to be such a notice unless the contrary is proved,

(b) a document which appears to the court to be the guidance document to which such a notice refers is to be taken to be that guidance document unless the contrary is proved.

(a) the building complies with building regulations as the regulations apply to the building at the time of the assessment,

(b) any work which has been carried out in relation to the building was carried out without any authorisation required by or under any enactment,

(c) any continuing requirement which applies in relation to the building is being and has been complied with,

(d) the building has defects which entitle the authority to serve on the owner a defective building notice.

(a) the period to which an assessment in pursuance of subsection (2)(b) is to relate,

(b) circumstances in which an assessment is to be made in relation to part only of a building or, where a building forms part of a larger building, in relation to that larger building,

(c) matters which are not to be included in an assessment in any particular case or description of case.

(a) verifiers,

(b) approved certifiers of design,

(c) approved certifiers of construction.

(a) an approved certifier of design,

(b) an approved certifier of construction,

(a) approve any such scheme subject to such limitations as they may impose, which may be framed by reference to area, description of building, cost of building or building work or any other factor whatsoever,

(b) withdraw any approval given under subsection (2).

(a) any application specified in the direction, being an application made to the verifier under section 9 for a building warrant or an amendment to a building warrant and not determined by the verifier as at the date of the direction,

(b) any completion certificate specified in the direction, being a completion certificate submitted to the verifier under section 17 and not accepted or rejected by the verifier as at that date,

(a) the verifier requests the Scottish Ministers to issue the direction, or

(b) the Scottish Ministers consider that the verifier is incapable for any reason of exercising the functions of a verifier under this Act in relation to the application or, as the case may be, completion certificate specified in the direction.

(a) any work for-

(i) the construction or demolition of, or

(ii) the provision of services, fittings or equipment in or in connection with,

a building of a description to which building regulations apply,

(b) any conversion of a building.

(a) without a building warrant, or

(b) in a case where a building warrant has been granted, otherwise than in accordance with the warrant,

(a) any person carrying out the work or, as the case may be, making the conversion,

(b) any person on whose behalf the work is being carried out or, as the case may be, the conversion is being made,

(c) if the owner of the building does not fall within paragraph (a) or (b), the owner.

(a) sufficient evidence is adduced to raise an issue with respect to it, and

(b) the contrary is not proved by the prosecution beyond reasonable doubt.

(a) such work or conversions,

(b) such buildings or descriptions of building,

(c) such services, fittings or equipment,

(a) so far as the application is for a warrant for the construction or demolition of a building-

(i) that the work involved will be carried out in accordance with building regulations, and

(ii) where the work is for the construction of a building, that nothing in any plan, specification or other information submitted with the application indicates that the building when constructed will fail to comply with building regulations,

(b) so far as the application is for a warrant for the provision of services, fittings or equipment in or in connection with a building-

(i) that the work involved will be carried out in accordance with building regulations, and

(ii) that nothing in any plan, specification or other information submitted with the application indicates that the services, fittings or equipment will fail to comply with building regulations,

(c) so far as the application is for a warrant for conversion of a building, that after the conversion the building as converted will comply with building regulations.

(a) such further information relating to that stage as the verifier may require is submitted to it,

(b) it is satisfied, on the basis of that information, as to the matter specified in subsection (3), and

(c) it has made an amendment to the warrant authorising the work to proceed.

(a) a building warrant has been granted, and

(b) before any completion certificate has been accepted in relation to the building in respect of the work or conversion, an application is made to the verifier for an amendment to the warrant.

(a) send a copy of the warrant or amendment, together with-

(i) a copy of any continuing requirements imposed under section 22, and

(ii) such other documents and information as may be specified in procedure regulations,

to the local authority for registration in the building standards register, and

(b) notify the owner of the building of the granting of the warrant or the making of the amendment and of the imposition of any continuing requirements under section 22, unless the owner is the person who applied for the warrant or amendment.

(a) the whole building, at the time of the application, complied with building regulations, and

(b) the verifier considers that, as a result of the extension, alteration or conversion, the whole building as extended, altered or converted will fail to comply with building regulations.

(a) the whole building, at the time of the application, failed to comply with building regulations, and

(b) the verifier considers that, as a result of the extension, alteration or conversion, the whole building as extended, altered or converted will fail to comply with building regulations to a greater degree.

(a) that the design of the building, or of such part of it as is specified in the certificate, complies with building regulations,

(b) in relation to work for construction or demolition or for provision of services, fittings or equipment, that the proposed method of working, or any part of it, complies with building regulations.

(a) issues a certificate under subsection (1) containing a statement which the certifier knows to be false or misleading in a material particular, or

(b) recklessly issues a certificate under subsection (1) which is false or misleading in a material particular,

(a) in the case of such a certifier appointed under section 7(1), by the terms of the certifier's appointment,

(b) in the case of a person who is such a certifier by virtue of membership of a scheme approved under section 7(2), by the scheme as approved.

(a) the extent to which the proposals in the application comply with any provision of building regulations, or

(b) whether it is necessary to impose continuing requirements under section 22,

(a) that the work or conversion in respect of which the warrant was granted is carried out or, as the case may be, made as described in the warrant (including any related plans and specifications) and in accordance with building regulations, and

(b) where a direction has been given under section 3, that any conditions specified in the direction are observed.

(a) an application for a building warrant must state the period of the intended life of the building, which must not exceed the period specified in the regulations in relation to the special provisions, and

(b) the warrant is subject to the condition that the building is demolished by the expiry of the period stated in the application, but does not constitute a warrant for the demolition.

(a) a warrant is subject to the condition specified in subsection (1)(b), and

(b) the owner of the building fails to demolish the building by the expiry of the period specified in the warrant (or, if that period has been extended or further extended under subsection (3), the period as so extended or further extended),

(a) knowing that the period has expired, or

(b) without any regard for whether the period has expired,

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.

(a) makes an application under section 9 for a building warrant or an amendment to a warrant containing a statement which that person knows to be false or misleading in a material particular, or

(b) recklessly makes such an application containing a statement which is false or misleading in a material particular,

(a) that the work was carried out or, as the case may be, the conversion was made in accordance with the building warrant, and

(b) that-

(i) in the case of work for the construction of a building, the building as constructed complies with building regulations,

(ii) in the case of work for the provision of services, fittings or equipment in or in connection with a building, the services, fittings or equipment provided comply with building regulations,

(iii) in the case of conversion of a building, the building as converted complies with building regulations.

(a) work for which a building warrant is required under section 8 has been carried out, or

(b) a conversion of a building for which a building warrant is required under that section has been made,

(a) that the work was carried out or, as the case may be, the conversion was made in accordance with building regulations, and

(b) that-

(i) in the case of work for the construction of a building, the building as constructed complies with building regulations,

(ii) in the case of work for the provision of services, fittings or equipment in or in connection with a building, the services, fittings or equipment comply with building regulations,

(iii) in the case of conversion of a building, the building as converted complies with building regulations.

(a) a building regulations compliance notice or a defective building notice, in a case where no building warrant is required,

(b) a continuing requirement enforcement notice, or

(c) a dangerous building notice,

(a) where the work was carried out, or the conversion made, otherwise than on behalf of another person, the person who carried out the work or made the conversion,

(b) where the work was carried out, or the conversion made, by a person on behalf of another person, that other person,

(c) if the owner of the building does not fall within paragraph (a) or (b) and the person required by those paragraphs to submit the completion certificate has failed to do so, the owner.

(a) relating to a building, or

(b) in respect of work or a conversion,

(a) send a copy of the certificate, together with-

(i) in the case of an accepted certificate, a copy of any continuing requirements imposed under section 22, and

(ii) such other documents and information as may be specified in procedure regulations,

to the local authority for registration in the building standards register, and

(b) notify the owner of the building of-

(i) the acceptance or rejection of the certificate, and

(ii) in the case of an acceptance, the imposition of any continuing requirements under section 22,

unless the owner is the person who submitted the certificate.

(a) in relation to a completion certificate submitted under subsection (1) of section 17, to those regulations as they applied for the purposes of the building warrant,

(b) in relation to a completion certificate submitted under subsection (4) of that section, to those regulations as they have effect on the date on which the completion certificate is submitted.

(a) issues a certificate under subsection (1) containing a statement which the certifier knows to be false or misleading in a material particular, or

(b) recklessly issues a certificate under subsection (1) which is false or misleading in a material particular,

"certificate", in relation to construction, means a certificate which the approved certifier of construction is authorised to issue-

(a) in the case of such a certifier appointed under section 7(1), by the terms of the certifier's appointment,

(b) in the case of a person who is such a certifier by virtue of membership of a scheme approved under section 7(2), by the scheme as approved,

"construction" includes any building or work in relation to a building and includes services, equipment and fittings provided in or in connection with a building.

(a) submits to a verifier a completion certificate containing a statement which that person knows to be false or misleading in a material particular, or

(b) recklessly submits to a verifier a completion certificate containing a statement which is false or misleading in a material particular,

(a) by virtue of a building warrant or,

(b) in a case where such a warrant is required under section 8, without such a warrant,

(a) where the construction or conversion is being, or has been, carried out otherwise than on behalf of another person, by the person carrying out, or who carried out, the construction or conversion,

(b) where the construction or conversion is being, or has been, carried out by a person on behalf of another person, by that other person,

(c) in any case, by the owner of the building in question,

(a) knowing that no completion certificate has been accepted under section 18(1) in respect of the construction or conversion, or

(b) without any regard for whether a completion certificate has been so accepted,

(a) on summary conviction, to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.

(a) grants, or makes an amendment to, a building warrant (other than a warrant for demolition), or

(b) accepts a completion certificate submitted under section 17(4),

(a) on an application made to it for discharge of a continuing requirement imposed under section 22, discharge the continuing requirement if satisfied that-

(i) the building in relation to which the requirement was imposed complies with building regulations (as they apply at the time of the application), and

(ii) the requirement is no longer necessary for securing that the purposes of the provision of building regulations to which it relates are not frustrated,

(b) on an application made to it for variation of a continuing requirement imposed under that section, make the variation if satisfied that-

(i) the building in relation to which the requirement was imposed complies with building regulations (as they apply at the time of the application), and

(ii) the variation will not result in the purposes of the provision of building regulations to which the requirement relates being frustrated.

(a) a building warrant is granted in respect of the building, or

(b) a completion certificate submitted under section 17(4) in respect of the building is accepted.

(a) applications for building warrants and amendments to building warrants,

(b) the manner in which such applications have been dealt with, and

(c) completion certificates and their acceptance or rejection.

(a) matters, in addition to those specified in subsection (1)(a) to (c), in relation to which building standards registers are to contain information,

(b) the information which such registers are to contain,

(c) the form and manner in which such registers are to be kept.

(a) building standards registers to include copies of plans, specifications, estimates of costs, certificates issued by certifiers and other documents,

(b) the removal from such registers of all or part of entries relating to applications, and things relating to them.

(a) securing the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings,

(b) furthering the conservation of fuel and power, and

(c) furthering the achievement of sustainable development,

(a) specifying the provision of the regulations in question,

(b) requiring the owner to secure, by such date (not less than 28 days after the date on which the notice takes effect) as the notice may specify, that the building complies with that provision,

(c) specifying any particular steps which the authority requires the owner to take for that purpose, and

(d) specifying the date on which the notice is to take effect.

(a) any application for a building warrant for work required to comply with the notice to be made, and

(b) any completion certificate in respect of such work to be submitted,

(a) applied for a building warrant in respect of any work required to comply with the notice, and

(b) (if the local authority is not the verifier to which the application is made) notified the authority of the making of the application,

(a) the owner is guilty of an offence, and

(b) the authority may carry out such work as is necessary to make the building comply with the provision of building regulations specified in the notice and may recover from the owner any expenses reasonably incurred by it in doing so.

(a) withdraw a building regulations compliance notice,

(b) waive or relax any requirement of such a notice, including substituting a later date for the date specified under subsection (3)(b) or (6),

(a) by building regulations by virtue of section 2, or

(b) by a verifier under section 22.

(a) specifying the continuing requirement in question,

(b) requiring the owner to take, by such date (not less than 28 days after the date on which the notice takes effect) as the notice may specify, such steps as the notice may specify for the purpose of complying with the continuing requirement,

(c) specifying the date on which the notice is to take effect.

(a) the owner is guilty of an offence, and

(b) the authority may carry out such work as is necessary to comply with the notice and may recover from the owner any expenses reasonably incurred by it in doing so.

(a) withdraw a continuing requirement enforcement notice,

(b) waive or relax any requirement of such a notice, including substituting a later date for the date specified under subsection (2)(b),

(a) work in respect of a building for which a building warrant is required under section 8(1)(a) has been or is being carried out-

(i) without a building warrant, or

(ii) where a building warrant has been granted, otherwise than in accordance with the warrant, or

(b) a building is of a description referred to in subsection (1) of section 14 and has not been demolished by the expiry of the period determined under that section for its demolition.

(a) in a case referred to in subsection (1)(a)(i) where the work has been carried out, to submit a completion certificate to a verifier and to secure the verifier's acceptance of the certificate,

(b) in a case referred to in subsection (1)(a)(i) where the work is being carried out, to obtain a building warrant for the work,

(c) in a case referred to in subsection (1)(a)(ii)-

(i) to secure that the work complies with the warrant, or

(ii) to obtain an amendment to the building warrant in respect of the non-compliance,

(d) in a case referred to in subsection (1)(b), to obtain a building warrant for the demolition of the building and to demolish the building,

(a) in a case referred to in subsection (1)(a)-

(i) where the work has been or is being carried out otherwise than on behalf of another person, the person who carried it out or is carrying it out,

(ii) where the work has been or is being carried out by a person on behalf of another person, that other person,

(iii) if the owner of the building does not fall within sub-paragraph (i) or (ii) and the person specified in those sub-paragraphs cannot be found or no longer has an interest in the building, the owner,

(b) in a case referred to in subsection (1)(b), the owner of the building.

(a) must specify the date on which the notice is to take effect,

(b) may specify particular steps which the local authority requires the person on whom the notice is served to take in complying with the notice,

(c) may, in a case referred to in subsection (1)(a) where work is being carried out, require the person on whom the notice is served to suspend work (other than work for complying with the notice) until the notice has been complied with.

(a) applied for a direction under section 3 in relation to the building in question, and

(b) notified the authority of the making of the application,

(a) the person is guilty of an offence, and

(b) the authority may carry out the work necessary-

(i) in a case referred to in subsection (2)(a) or (b), to secure that the work complies with building regulations,

(ii) in a case referred to in subsection (2)(c) or (d), to secure compliance with the notice,

and may recover from the person any expenses reasonably incurred by it in doing so.

(a) withdraw a building warrant enforcement notice,

(b) waive or relax any requirement of such a notice, including substituting a later date for the date specified under subsection (2),

(a) a date not less than 7 days after the date of service of the notice by which the owner must have begun the work required by the notice, and

(b) a date not less than 21 days after the date specified under paragraph (a) by which the owner must have completed that work,

(a) any application for a building warrant for work required to comply with the notice to be made, and

(b) any completion certificate in respect of such work to be submitted,

(a) applied for a building warrant in respect of any work required to comply with the notice, and

(b) (if the local authority is not the verifier to which the application is made) notified the authority of the making of the application,

(a) for the date referred to in subsection (7) there is substituted such later date (not less than 7 days after the date on which the verifier's decision on the application takes effect) as the local authority may specify, and

(b) for the date specified under subsection (3)(b) (or such later date as the local authority may have substituted for that date under subsection (12)(b)) there is substituted such later date (not less than 21 days after the date specified under paragraph (a)) as the local authority may specify.

(a) has not begun the work required by a defective building notice by the date specified under subsection (3)(a), or

(b) has not completed that work by the date specified under subsection (3)(b),

(a) the owner is guilty of an offence, and

(b) the local authority may carry out the work necessary to complete the work required by the notice and may recover from the owner any expenses reasonably incurred by it in doing so.

(a) withdraw a defective building notice,

(b) waive or relax any requirement of such a notice, including substituting a later date for a date specified under subsection (3)(a) or (b).

(a) to prevent access to the dangerous building and to any adjacent parts of any road or public place which appear to the authority to be dangerous by reason of the state of the building, and

(b) otherwise for the protection of the public and of persons or property in places adjacent to the dangerous building,

(a) the owner is guilty of an offence, and

(b) the local authority may carry out the work necessary to complete the work required by the notice and may recover from the owner any expenses reasonably incurred by it in doing so.

(a) withdraw a dangerous building notice,

(b) waive or relax any requirement of such a notice, including substituting a later date for a date specified under subsection (2).

(a) advising the Scottish Ministers on the exercise of their functions under this Act,

(b) keeping under review the operation of regulations under this Act and making recommendations to the Scottish Ministers in connection with the regulations, and

(c) advising the Scottish Ministers on any question relating to their functions under this Act which they may refer to the committee.

(a) as to the constitution and procedure of the committee,

(b) requiring the committee to submit to them reports as to the exercise of its functions.

(a) to the members of the committee-

(i) such remuneration, and

(ii) such allowances in respect of expenses properly incurred in the performance of their duties,

(b) to persons attending meetings of the committee at the committee's request, such allowances in respect of expenses properly incurred in connection with such attendance,

(a) building or description of building,

(b) local authority or description of local authority,

(c) geographical area.

(a) the procedure to be followed in connection with-

(i) applications authorised or required to be made under this Act and the determination of such applications,

(ii) directions under section 3,

(iii) references to the Scottish Ministers under section 12,

(iv) the submission to verifiers of completion certificates and the acceptance or rejection of such certificates,

(b) the procedure to be followed-

(i) by certifiers in relation to the issue of certificates for the purposes of sections 11 and 19,

(ii) by local authorities in connection with their functions under Parts 3 and 4 and this Part,

(c) the appointment and removal of, and the exercise of functions by, verifiers and certifiers,

(d) the approval of schemes under section 7(2) and the withdrawal of such approval.

(a) the combination in a single document (a "combined application") of-

(i) any application authorised or required to be made under this Act, and

(ii) any such application as is mentioned in section 274(1) (combined applications) of the Town and Country Planning (Scotland) Act 1997 (c.8),

(b) the making of a combined application in such form and manner, and to such authority, as the regulations may specify, and

(c) the transmission of copies of the application by that authority to such other authorities as the regulations may specify.

(a) included in the schedule of monuments compiled and maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46),

(b) included in a list of buildings of special architectural or historic interest, being a list compiled or approved under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9),

(c) subject to a building preservation notice under section 3 of that Act, or

(d) one to which section 66 of that Act (control of demolition in conservation areas) applies.

(a) serving-

(i) a building regulations compliance notice,

(ii) a continuing requirement enforcement notice,

(iii) a building warrant enforcement notice,

(iv) a defective building notice, or

(v) a dangerous building notice,

requiring a person to carry out any work (including demolition) in relation to a building to which this section applies, or

(b) carrying out work under section 29(3) in relation to such a building,

(a) the Scottish Ministers,

(b) the planning authority (where the planning authority is not the local authority), and

(c) such other persons as the local authority thinks fit.

(a) unless that person is the owner of the building in question, serve a copy of the notice on the owner,

(b) unless that person is the occupier, serve a copy of the notice on the occupier,

(a) the nature of the interest in the premises of the person to whom the notice is addressed, and

(b) the name and address of any other person known to that person as having an interest in the premises.

(a) refuses or fails to give that information,

(b) makes in respect of that information any statement which the person knows to be false or misleading in a material particular, or

(c) recklessly makes in respect of that information any statement which is false or misleading in a material particular,

(a) power to enter any premises for the purpose of exercising a power specified in paragraph (b) or (c),

(b) power to inspect any building, or the site of any building, in respect of which an application has been made under section 3,

(c) power to carry out reasonable tests to determine the quality and strength of any material used or proposed to be used in the construction of a building referred to in paragraph (b).

(a) power to enter any premises for the purpose of-

(i) exercising a power specified in paragraph (b) or (c),

(ii) carrying out work under section 25(7)(b), 26(3)(b), 27(7)(b), 28(10)(b), 29(2) or (3) or 30(4)(b),

(b) power to inspect any building, or the site of any building, in connection with the authority's functions under sections 25 to 30,

(c) power to carry out reasonable tests to determine the quality and strength of any material used or proposed to be used in the construction of a building which the authority is entitled to inspect under paragraph (b).

(a) refuses or fails, without reasonable excuse, to comply with a requirement made under subsection (5), or

(b) intentionally obstructs a person acting in the exercise of any power conferred by subsection (1) or (3),

(a) who has under section 9 applied to the verifier for a building warrant or for an amendment to a building warrant,

(b) by whom a building is being or has been constructed in pursuance of a building warrant, or

(c) who has under section 17 submitted to the verifier a completion certificate,

(a) forming part of, or

(b) used or proposed to be used in the construction of,

(a) it intends to demolish the building under subsection (2) or (3) of section 29, or

(b) it intends to carry out other work under either of those subsections and considers that the occupants may be endangered by the carrying out of the work.

(a) it intends to carry out work under section 25(7)(b), 26(3)(b), 27(7)(b), 28(10)(b) or 30(4)(b), and

(b) the authority considers that the occupants may be endangered by the carrying out of the work.

(a) the reason for the requirement, and

(b) the period within which the occupants must remove from the building.

(a) the ground for making the requirement no longer exists, and

(b) if the person were to resume occupation of the building, there would be no other ground for making a requirement under this section in relation to the person,

(a) has removed from a building in compliance with a requirement under section 42, or has been ejected from a building under schedule 5, and

(b) thereafter occupies the building,

(a) on summary conviction to a fine not exceeding the statutory maximum,

(b) on conviction on indictment, to a fine.

(a) that the person has no interest in the building except in the capacity of a trustee, tutor, curator, guardian, judicial factor or liquidator of a company, and

(b) that the total amount of the funds, rents and other assets in the person's hands in that capacity since the date of the service of the demand is insufficient to discharge the whole demand,

(a) a local authority has carried out work under section 29(2) or (3) or 30(4)(b), and

(b) the expenses incurred in doing so cannot be recovered from the owner of the building because the owner cannot be found.

(a) a decision under section 3 refusing an application for a direction dispensing with or relaxing a provision of building regulations,

(b) a decision of a verifier under section 9 refusing to grant a building warrant or an amendment to the terms of a warrant,

(c) a decision of a verifier under section 14 refusing to extend the period for the demolition of a building intended to have a limited life,

(d) a decision of a verifier under section 18 rejecting a completion certificate,

(e) a decision of a verifier under section 22 imposing continuing requirements,

(f) a decision of a verifier under section 23 refusing to discharge or vary a continuing requirement,

(g) a building regulations compliance notice, a continuing requirement enforcement notice, a building warrant enforcement notice, a defective building notice and a dangerous building notice.

(a) an application for a building warrant or for an amendment to a building warrant,

(b) an application to extend the period for the demolition of a building intended to have a limited life,

(c) whether to accept or reject a completion certificate submitted to it, or

(d) an application for discharge or variation of a continuing requirement imposed under section 22,

(a) the period within which an appeal may be brought under subsection (3) has elapsed without an appeal being brought, or

(b) where such an appeal is brought, the appeal is withdrawn or finally determined.

(a) has effect as soon as the notice is served, and

(b) where an appeal is brought under subsection (3) of this section, continues to have effect (regardless of the terms of the notice), unless quashed by an order of the sheriff under subsection (6), until the enforcement notice has been complied with.

(a) a director, manager, secretary, member or other similar officer of the body corporate, or

(b) any person who was purporting to act in any such capacity,

(a) an officer or member of the authority, or

(b) any person who was purporting to act in any such capacity,

(a) a partner, or

(b) any person who was purporting to act in that capacity,

(a) a person who is concerned in the management or control of the association, or

(b) any person who was purporting to act in that capacity,

(a) the person had no interest in the building except in the capacity of a trustee, tutor, curator, guardian, judicial factor or liquidator of a company, and

(b) the total amount of the funds, rents and other assets in the person's hands in that capacity was less than the amount of the expenses which would have been incurred if the notice had been complied with.

(a) the extent (if any) to which breach of a duty imposed by building regulations is actionable in a case to which subsection (1) does not apply,

(b) any right of action which exists apart from this section.

(a) in the case of a building belonging to Her Majesty in right of the Crown and forming part of the Crown Estate, means the Crown Estate Commissioners,

(b) in the case of any other building belonging to Her Majesty in right of the Crown, means the office-holder in the Scottish Administration or, as the case may be, government department having management of the building,

(c) in the case of a building belonging to an office-holder in the Scottish Administration or to a government department or held in trust for the purposes of the Scottish Administration or a government department, means that office-holder or government department.

(a) such incidental, supplemental, consequential, transitional, transitory or saving provision as the Scottish Ministers think necessary or expedient,

(b) different provision for different purposes and different areas,

(c) provision for the delegation of functions.

(a) any public road (including any bridge on which the road is carried),

(b) any private road,

(c) any sewer or water main which is, or is to be, vested in Scottish Water,

(d) any aerodrome runway,

(e) any railway line,

(f) any large raised reservoir within the meaning of the Reservoirs Act 1975 (c.23),

(g) any wires and cables, their supports above ground and other apparatus used for telephonic or telegraphic communication.

(a) references to a building include references to a prospective building,

(b) references to a building, structure or erection include references to a part of the building, structure or erection,

(c) in relation to the extension, alteration or conversion of a building, references to a building are to so much of the building as is comprised in the extension or the subject of the alteration or conversion.

"approved certifier of construction" and "approved certifier of design" are to be construed in accordance with section 7(1) and (2),

"building" is to be construed in accordance with section 55,

"building regulations" means regulations under section 1(1); and references to building regulations in relation to a building of a particular description are references to so much of the regulations as apply to a building of that description,

"building regulations compliance notice" has the meaning given by section 25(3),

"Building Standards Advisory Committee" has the meaning given in section 31(1),

"building standards register" has the meaning given in section 24(1),

"building warrant" has the meaning given in section 8(1) and includes, in the case of a warrant which has been granted, any conditions to which it is subject and any amendment which has been made to it,

"building warrant enforcement notice" has the meaning given by section 27(2),

"certifier" means an approved certifier of design or an approved certifier of construction,

"completion certificate" means a certificate submitted to a verifier under section 17(1), (4) or (7) or in pursuance of a building warrant enforcement notice under section 27(2)(a),

"construct" includes alter, erect and extend, and "construction" and related expressions are to be construed accordingly,

"continuing requirement enforcement notice" has the meaning given by section 26(2),

"convert", in relation to a building, means to make such change in the occupation or use of the building as building regulations may specify, and "conversion" and related expressions are to be construed accordingly,

"dangerous building" is to be construed in accordance with section 29(1),

"dangerous building notice" has the meaning given in section 29(6),

"defective building notice" has the meaning given in section 28(1),

"local authority" means a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c.39); and references to a local authority, in relation to a building, are to the authority in whose area the building is situated,

"owner", in relation to land or buildings, includes any person who, under the Lands Clauses Acts, would be enabled to sell and convey the land or buildings to the promoters of an undertaking,

"private road" means a road not maintainable by the Scottish Ministers or a local roads authority (whether or not comprising a public right of way),

"procedure regulations" means regulations under section 33(1),

"public road" means a road maintainable by the Scottish Ministers or a local roads authority,

"road" has the same meaning as in the Roads (Scotland) Act 1984 (c.54) except that it also includes any drain or ditch at the side of a road,

"verifier" means a person appointed in pursuance of section 7(1)(a),

"work" in relation to a building includes work carried out in relation to the enclosure and preparation of the site of the building.

(a) buildings,

(b) work or conversions, or

(c) services, fittings or equipment,

(a) make provision as to any of the matters specified in sub-paragraph (2),

(b) require things to be provided or done in connection with buildings (as well as regulating the provision or doing of things in connection with buildings),

(c) specify the manner in which work is to be carried out.

(a) preparation of sites,

(b) strength and stability (including the safeguarding of adjacent buildings and services),

(c) fire precautions (including resistance of structure to the outbreak and spread of fire, the protection of occupants and means of escape in the event of fire and the provision of facilities to assist firefighting),

(d) resistance to moisture and decay,

(e) resistance to the transmission of heat,

(f) resistance to the transmission of sound,

(g) durability,

(h) resistance to infestation,

(i) drainage,

(j) ventilation (including the provision of open space for it),

(k) daylighting (including the provision of open space for it),

(l) heating and artificial lighting,

(m) services, fittings and equipment (including broadband communication technology and other electronic communications services, fittings and equipment and services, fittings and equipment for the supply or use of gas or electricity),

(n) measures to ensure that pipes used in connection with the provision of water for domestic purposes are not fitted in a way that may contribute to the concentration of lead in such water exceeding the limit specified in Table B of Schedule 1 to the Water Supply (Water Quality) (Scotland) Regulations 2001 (S.S.I. 2001/207),

(o) measures affecting the emission of smoke, gases, fumes, grit, dust or other noxious or offensive substances,

(p) accommodation and ancillary equipment,

(q) access, including in particular access for disabled persons,

(r) suitability for use by disabled persons,

(s) prevention of danger and obstruction,

(t) security,

(u) reuse of building materials.

(a) such limitations as are imposed in relation to the scheme under section 7(3), and

(b) any limitations contained in the scheme.

(a) any application made to the former verifier under section 9 for a building warrant or an amendment to a building warrant, so far as undetermined at the time when the appointment terminated,

(b) any completion certificate submitted to the former verifier and not accepted or rejected under section 18 at the time when the appointment terminated, and

(c) any completion certificate submitted after the time when the appointment terminated and relating to work or a conversion in respect of which a building warrant was granted by the former verifier;

(a) applications (including the plans, other documents and information specified in paragraph 1), and

(b) decisions on applications,

(a) there are reasonable grounds for the exercise in relation to any premises of a power conferred by section 39(1) or (3), and

(b) one or more of the conditions specified in sub-paragraph (2) is fulfilled in relation to those premises,

(a) that the exercise of the power in relation to the premises has been refused,

(b) that such a refusal is reasonably apprehended,

(c) that the premises are unoccupied,

(d) that the occupier is temporarily absent from the premises,

(e) that the case is one of urgency,

(f) that an application for admission to the premises would defeat the object of the proposed entry.

(a) that notice of the intention to apply for the warrant has been given to the occupier of the premises, or

(b) that the giving of such notice would defeat the object of the proposed entry.

(a) where the requirement was made under subsection (1) or (2) of section 42, at any time,

(b) where the requirement was made under subsection (3) or (4) of that section, on the expiry of the period specified in the requirement,

(a) where removal was required under subsection (1) of section 42, that the occupants of the building (whether the dangerous building or an adjacent building) are endangered by the state of the dangerous building,

(b) where removal was required under subsection (2)(a) of that section, that the local authority intends to demolish the building,

(c) where removal was required under subsection (2)(b) of that section, that the local authority intends to carry out work under section 29(2) or (3) and considers that the occupants may be endangered by the carrying out of the work,

(d) where removal was required under subsection (3) of that section, that the building is to be demolished in pursuance of a dangerous building notice,

(e) where removal was required under subsection (4) of that section, that the local authority intends to carry out work under a provision specified in paragraph (a) of that subsection and considers that the occupants may be endangered by the carrying out of that work.

(a) in a case referred to in paragraph 2(a), the service of notice,

(b) in a case referred to in paragraph 2(b), the service of additional notice,

(a) referred to in paragraph 3, or

(b) signed by the local authority and certifying that any notice required by section 42(5), or any notice or additional notice required under paragraph 4, has been given to all known occupants of the building,

(a) after "authority" in the first place where it occurs insert "and, in the case of section 37(3) of the Building (Scotland) Act 2003 (asp 8), the reference to "any such person"",

(b) in paragraph (a), for the words from "25(2)" to "councils" substitute "37(3) and (4) of the Building (Scotland) Act 2003 (power".

(a) for the words from "who" in the first place where it occurs to "conform to" substitute "on whom a building regulations compliance notice has been served under section 25(3) of the Building (Scotland) Act 2003 (asp 8) requiring the owner to secure that the building complies with",

(b) the word "standards" is repealed,

(c) for "section 3" substitute "section 1",

(d) for "order" substitute "notice".

(a) for "section 13" substitute "section 29",

(b) for "1959" substitute "2003 (asp 8)".

(a) for "section 13" substitute "section 29",

(b) for "1959" substitute "2003 (asp 8)".

(a) for "section 13" substitute "section 29",

(b) for "1959" substitute "2003 (asp 8)".

(a) for "warrant" in both places where it occurs substitute "building warrant",

(b) for "section 6" substitute "section 9",

(c) for "1959"-

(i) in the first place where it occurs substitute "2003 (asp 8)",

(ii) in the second place where it occurs substitute "2003".

(a) for sub-paragraphs (i) and (ii) of paragraph (a) substitute-

(b) for sub-paragraphs (i) and (ii) of paragraph (b) substitute-

(c) for "said Act of 1959" in the second place where those words occur substitute "that Act".

(a) subsection (1) is repealed,

(b) in subsection (5), for "subsection (1) above" substitute "section 28 of the Building (Scotland) Act 2003 (asp 8)".

(a) in paragraph (a), for the words from "warrant" to "1959" substitute "building warrant under section 9 of the Building (Scotland) Act 2003 (asp 8)",

(b) in paragraph (b), for "local authority" in the second place where those words occur substitute "verifier",

(c) in paragraph (c), for "warrant under section 6" substitute "building warrant under section 9".

(a) the entry relating to the Building (Scotland) Act 1959 (c.24) is repealed,

(b) at the end, insert the following entry-