The Building (Scotland) Regulations 2004

Type Scottish-Statutory-Instrument
Publication 2004-09-22
Last updated 2025-01-01
State In force
Jurisdiction Scotland
Department King's Printer for Scotland
PDF Download
articles Not indexed
Reform history JSON API
  • (e) in dwellings, safe and unassisted means of access is provided for visitors throughout at least one storey and to sanitary facilities.

Limitation

There is no requirement to provide access suitable for wheelchair users–

  • (a) in a non-domestic building not served by a lift, to a room, intended to be used as a bedroom, that is not on an entrance storey; or
  • (b) in a domestic building not served by a lift, to common areas, other than on an entrance storey.

Stairs and ramps

4

Every building must be designed and constructed in such a way that every level can be reached safely by stairs or ramps.

Pedestrian protective barriers

4

Every building must be designed and constructed in such a way that every sudden change of level that is accessible in, or around, the building is guarded by the provision of pedestrian protective barriers.

Limitation

This standard does not apply where the provision of pedestrian protective barriers would obstruct the use of areas so guarded.

Electrical safety

4

Every building must be designed and constructed in such a way that the electrical installation does not–

  • (a) threaten the health and safety of the people in, and around, the building; and
  • (b) become a source of fire.

Limitation

This standard does not apply to an electrical installation–

  • (a) serving a building or any part of a building to which the Mines and Quarries Act 1954 or the Factories Act 1961 applies; or
  • (b) forming part of the works of an undertaker to which regulations for the supply and distribution of electricity made under the Electricity Act 1989 apply.

Electrical fixtures

4

Every building must be designed and constructed in such a way that electric lighting points and socket outlets are provided.

Limitation

This standard applies only to domestic buildings where a supply of electricity is available.

Aids to communication

4

Every building must be designed and constructed in such a way that it is provided with aids to assist those with a hearing impairment.

Limitation

This standard does not apply to domestic buildings.

Danger from accidents

4

Every building must be designed and constructed in such a way that–

  • (a) people in and around the building are protected from injury that could result from fixed glazing, projections or moving elements on the building;
  • (b) fixed glazing in the building is not vulnerable to breakage where there is the possibility of impact by people in, and around, the building;
  • (c) both faces of a window and rooflight in a building are capable of being cleaned such that there will not be a threat to the cleaner from a fall resulting in severe injury;
  • (d) a safe and secure means of access is provided to a roof; and
  • (e) manual controls for windows and roof lights can be operated safely.

Limitation

Standards 4.8(d) and 4.8(e) do not apply to domestic buildings.

Danger from heat

4

Every building must be designed and constructed in such a way that protection is provided for people in, and around, the building from the danger of severe burns or scalds from the discharge of steam or hot water.

Fixed seating

4

Every building, which contains fixed seating accommodation for an audience or spectators, must be designed and constructed in such a way that a number of level spaces for wheelchairs are provided proportionate to the potential audience or spectators.

Limitation

This standard does not apply to domestic buildings.

Liquefied petroleum gas storage

4

Every building must be designed and constructed in such a way that each liquefied petroleum gas storage installation, used solely to serve a combustion appliance providing space heating, water heating, or cooking facilities, will–

  • (a) be protected from fire spreading to any liquefied petroleum gas container; and
  • (b) not permit the contents of any such container to form explosive gas pockets in the vicinity of any container.

Limitation

This standard does not apply to a liquefied petroleum gas storage container, or containers, for use with portable appliances.

Vehicle protective barriers

4

Every building accessible to vehicular traffic must be designed and constructed in such a way that every change in level is guarded.

SECTION 5: NOISE

Resisting sound transmission to dwellings using appropriate constructions

5

Every building must be designed and constructed in such a way that each wall and floor separating one dwelling from another, or one dwelling from another part of the building, or one dwelling from a building other than a dwelling, will limit the transmission of noise to the dwelling to a level that will not threaten the health of the occupants of the dwelling or inconvenience them in the course of normal domestic activities provided the source noise is not in excess of that from normal domestic activities.

Limitation

This standard does not apply to–

  • (a) fully detached houses; or
  • (b) roofs or walkways with access solely for maintenance, or solely for the use, of the residents of the dwelling below.

SECTION 6: ENERGY

Policy

6

Every building must be designed and constructed in such a way that provision is made for energy conservation in accordance with the Building Standards Circular on Energy, 2004.

Building insulation envelope

6

In order to comply with standard 6.1 every building must be designed and constructed in such a way that the insulation envelope resists thermal transfer.

Limitation

This standard does not apply to–

  • (a) buildings, other than dwellings, which will not be heated nor cooled, other than heating provided for the purpose of frost protection; or
  • (b) buildings which are ancillary to a dwelling which will not be heated, other than heating provided for the purpose of frost protection.

Heating system

6

In order to comply with standard 6.1 every building must be designed and constructed in such a way that the heating and hot water service systems are designed, installed, and capable of being controlled to achieve optimum energy efficiency, having regard to the thermal transfer of the insulation envelope.

Limitation

This standard does not apply to–

  • (a) buildings which do not use fuel or power for controlling the temperature of the internal environment;
  • (b) buildings, or parts of a building, which will not be heated, other than heating provided for the purpose of frost protection;
  • (c) heating provided for the purpose of frost protection; or
  • (d) individual, solid-fuel stoves or open-fires, gas or electric fires or room heaters (excluding electric storage and panel heaters) provided in domestic buildings.

Insulation of pipes, ducts and vessels

6

In order to comply with standard 6.1 every building must be designed and constructed in such a way that temperature loss from heated pipes, ducts and vessels, and temperature gain to cooled pipes and ducts, is resisted.

Limitation

This standard does not apply to–

  • (a) buildings which do not use fuel or power for heating or cooling either the internal environment or water services;
  • (b) buildings, or parts of a building, which will not be heated, other than heating provided for the purpose of frost protection;
  • (c) pipes, ducts or vessels that form part of an isolated industrial or commercial process; or
  • (d) cooled pipes or ducts in domestic buildings.

Artificial and display lighting

6

In order to comply with standard 6.1 every building must be designed and constructed in such a way that artificial or display lighting must operate and be capable of being controlled to achieve optimum energy efficiency.

Limitation

This standard does not apply to–

  • (a) process and emergency lighting components of a building; or
  • (b) domestic buildings.

Mechanical ventilation and air conditioning

6

In order to comply with standard 6.1 every building must be designed and constructed in such a way that the form and fabric of the building minimises the use of mechanical ventilating or cooling systems for cooling purposes, and the ventilating and cooling systems are designed, installed, and capable of being controlled to achieve optimum energy efficiency.

Limitation

This standard does not apply to–

  • (a) domestic buildings; or
  • (b) buildings which do not use fuel or power for ventilating or cooling the internal environment.

Commissioning building services

6

In order to comply with standard 6.1 every building must be designed and constructed in such a way that services which use fuel or power for heating, lighting, ventilating and cooling the internal environment and heating the water, are commissioned to achieve optimum energy efficiency.

Limitation

This standard does not apply to–

  • (a) the process and emergency lighting components of a building;
  • (b) heating provided for the purpose of frost protection; or
  • (c) lighting, ventilation and cooling systems in a domestic building.

Written information

6

In order to comply with standard 6.1 the occupiers must be provided by the owner with written information on the operation and maintenance of the building services and a forecast of the energy consumption of the building.

Limitation

This standard does not apply to–

  • (a) buildings which do not use fuel or power for heating, lighting, ventilating and cooling the internal environment and heating the water supply services;
  • (b) the process and emergency lighting components of a building;
  • (c) heating provided for the purpose of frost protection; or
  • (d) lighting, ventilation and cooling systems in a domestic building.

Editorial notes

[^c5349721]: 2003 asp 8.

[^c5349731]: 1948 c. 45.

[^key-253a282c56627e504eddb0a6daac0cf4]: Reg. 17 inserted (1.5.2007) by The Building (Scotland) Amendment Regulations 2006 (S.S.I. 2006/534), regs. 1, 2(b) (with regs. 3, 4)

[^key-aa285e4d4af6d0dcc6ab2c139fcc7dc2]: Schs. 1-6 substituted (1.5.2007) by The Building (Scotland) Amendment Regulations 2006 (S.S.I. 2006/534), regs. 1, 2(c), sch. (with regs. 3, 4)

[^M_F_f79a9c1f-6df7-41dc-9796-8743643bcb31]: 1965 c. 57.

[^M_F_078da2d0-c3ac-4c16-ac8a-6531e498aba8]: 1979 c. 16. Section 1 was amended by the National Heritage Act 1983 ( c.47) Schedule 4, paragraph 25.

[^M_F_6dbaecea-a024-4772-c431-c8128f067351]: 1960 c. 62.

[^M_F_d5f84380-07b4-4494-b095-76c0e52f87f4]: 1897 c. 38. Section 73 was amended by the National Health Service ( Scotland) Act 1972 ( c.58) Schedule 6, paragraph 56.

[^M_F_f32caed6-1f88-4631-c73d-4623502eff40]: S.I. 1984/467.

[^M_F_0d932265-081f-48bb-9257-893b8716fe7c]: 1961 c. 34.

[^M_F_fe441a2e-32fc-42b4-a642-aaf52114ea77]: 1989 c. 29.

[^M_F_73f013d4-5b2c-4af8-c063-dafaf6e151f8]: 1954 c. 70, as extended by the Mines and Quarries (Tips) Act 1969 (c. 10), and the Mines Management Act 1971 (c. 20) and as amended by the Constitutional Reform Act 2005 (c. 4).

[^key-575f85de89fa209c7c1a5dd654649e45]: Word in reg. 5 inserted (1.5.2007) by The Building (Scotland) Amendment Regulations 2006 (S.S.I. 2006/534), regs. 1, 2(a) (with regs. 3, 4)

[^key-0b03266dde97d447bfe2ff8fb1d625d3]: Sch. 3 para. 15A inserted (4.1.2009) by The Building (Scotland) Amendment Regulations 2008 (S.S.I. 2008/310), regs. 1, 2(3)

[^key-71c93e28836c260e198c0a70b3d559d7]: Sch. 5 para. 6.9(a) substituted for para. 6.9(a)(b) (4.1.2009) by The Building (Scotland) Amendment Regulations 2008 (S.S.I. 2008/310), regs. 1, 2(4)

[^key-2d6c64855b70d214b7254f71c9715dcc]: Words in reg. 2(1) inserted (4.1.2009) by The Building (Scotland) Amendment Regulations 2008 (S.S.I. 2008/310), regs. 1, 2(2)

[^key-387997b0b5251bae057371d8ee4f0fe3]: Sch. 3 paras. 2A-2C inserted (1.5.2009) by The Building (Scotland) Amendment Regulations 2009 (S.S.I. 2009/119), regs. 1, 2(3)(a)

[^key-447cc0ff96a6afa6b4eb48305021b5f1]: Word in sch. 1 para. 21 substituted (1.5.2009) by The Building (Scotland) Amendment Regulations 2009 (S.S.I. 2009/119), regs. 1, 2(2)

[^key-cfa0c29a0ec9f5585b3365934dc49a6a]: Words in sch. 3 para. 3 heading substituted (1.5.2009) by The Building (Scotland) Amendment Regulations 2009 (S.S.I. 2009/119), regs. 1, 2(3)(b)

[^M_F_1789783d-6808-46a2-dbb4-17bd188c5831]: Words in sch. 3 para. 21 inserted (1.5.2009) by The Building (Scotland) Amendment Regulations 2009 (S.S.I. 2009/119), regs. 1, 2(3)(c)

[^key-8e2a3215d98140e1417c2650cffede7d]: Sch. 5 para. 4.13 inserted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(h) (with reg. 3)

[^key-ba32ee2daa774fea97a4887cea3c34b1]: Sch. 5 paras. 5.1, 5.2 substituted for sch. 5 para. 5.1 (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(i) (with reg. 3)

[^M_F_e64d2198-3993-4c64-d2b7-1b72f811a4b4]: Word in sch. 3 para. 2A substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(2)(a) (with reg. 3)

[^M_F_3c2357b5-155e-47b3-ec03-3f87b1c88284]: Words in sch. 3 para. 2A omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(2)(b) (with reg. 3)

[^M_F_c4af6ae0-eee8-4462-f29e-9f8a76733098]: Sch. 5 para. 2.11: limitation omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(a) (with reg. 3)

[^key-bfc4d00e3a851cb401e6ebc6558b3337]: Sch. 5 para. 2.12 substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(b) (with reg. 3)

[^key-6598db44fa663b948e4a1b041e563027]: Sch. 5 para. 2.13 substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(c) (with reg. 3)

[^key-497b74db93078d79f8e95204d6a36c82]: Words in sch. 5 para. 2.14 heading inserted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(d) (with reg. 3)

[^M_F_e158ad30-3a6d-44a4-e08e-900b338d8d8e]: Sch. 5 para. 2.15 substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(e) (with reg. 3)

[^key-e0883b1325dc26c6d0559771efa0d5cc]: Sch. 5 para. 3.14 substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(f) (with reg. 3)

[^M_F_aaa51002-5b41-4950-950b-1f76f42876d1]: Sch. 5 para. 3.15: limitation omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(g) (with reg. 3)

[^key-5ffcc4e0e84650ad9660f417c436ba8e]: Sch. 5 para. 6.1(a) substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(j)(i) (with reg. 3)

[^M_F_39e15ce5-cc98-4807-9a8c-a84657066777]: S.S.I. 2008/309.

[^M_F_a51407de-6777-4f65-94b8-a17c9450adb4]: Words in Sch. 5 para. 6.4 substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(k) (with reg. 3)

[^M_F_bfe8a5b4-010d-4d57-c768-1ed70ebb166b]: Sch. 5 para. 6.5: limitation substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(l) (with reg. 3)

[^M_F_2499fd30-164b-45c6-d28f-adbc037b5260]: Sch. 5 para. 6.8: words omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(n) (with reg. 3)

[^M_F_4ada9d88-c3e5-4b12-fc38-c654490137f2]: Words in Sch. 5 para. 6.10 omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(o)(iii) (with reg. 3)

[^key-7c5508051520caa847d4dfe58b6996dc]: Words in sch. 5 para. 6.6(b) omitted (1.10.2010) by virtue of The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(m) (with reg. 3)

[^key-1d5a23f3a57938c1934d18d0b2de0bc8]: Words in sch. 5 para. 6.10 inserted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(o)(i) (with reg. 3)

[^key-fa4da4891b86acab4acc144ebbd3eb2e]: Words in sch. 5 para. 6.10 substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(3)(o)(ii) (with reg. 3)

[^key-ecf0c35452eb3d0b50558a47bb2ddea9]: Word in sch. 6 para. 1(c) inserted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(4)(a) (with reg. 3)

[^key-fe67e227ba389fb3928c3aa8959af997]: Words in sch. 6 para. 1(d) substituted (1.10.2010) by The Building (Scotland) Amendment Regulations 2010 (S.S.I. 2010/32), regs. 1, 2(4)(b) (with reg. 3)

[^key-c3f8bae9d60cc9cc19d21c9e53d9e62e]: Words in reg. 2(1) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 33(a)

[^key-8260caedeb60f872d8d7079381c2afa1]: Words in reg. 2(1) substituted (1.4.2011) by The Public Services Reform (Scotland) Act 2010 (Consequential Modifications) Order 2011 (S.S.I. 2011/211), art. 1, sch. 1 para. 33(b)

[^key-30b5dd6d675c250652b91307ad0a509e]: Sch. 3 para. 15B inserted (1.5.2011) by The Building (Scotland) Amendment Regulations 2011 (S.S.I. 2011/120), regs. 1, 2(3)

[^key-39b229f2986c92bd8461672a77d8c5cd]: Sch. 5 Section 7 inserted (1.5.2011) by The Building (Scotland) Amendment Regulations 2011 (S.S.I. 2011/120), regs. 1, 2(4)

[^key-98b4bdc8dd6cd6e4db23f8beb1c0d134]: Words in reg. 2(1) inserted (1.5.2011) by The Building (Scotland) Amendment Regulations 2011 (S.S.I. 2011/120), regs. 1, 2(2)

[^key-c4bb677e39b865cdc999cf7b1c001312]: Reg. 17(1)(b) substituted (9.1.2013) by The Building (Scotland) Amendment Regulations 2012 (S.S.I. 2012/209), regs. 1, 2(2)

[^M_F_b55f3fa4-6807-4b6b-a503-6a82493a0080]: Words in Sch. 5 para. 6.9 substituted (9.1.2013) by The Building (Scotland) Amendment Regulations 2012 (S.S.I. 2012/209), regs. 1, 2(3)

[^key-653fabd580d740c3d75ca67b99a9e63b]: Sch. 5 para. 3.27 inserted (1.10.2013) by The Building (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/143), regs. 1, 2(2)(c) (with reg. 5)

[^M_F_065a69f3-925d-45cf-fb82-73a583f3df9f]: Words in sch. 5 para. 2.15 inserted (1.10.2013) by The Building (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/143), regs. 1, 2(2)(a) (with reg. 5)

[^M_F_c87276ce-12c7-4886-89a9-6e540a4a4b80]: Words in Sch. 5 para. 3.25 substituted (1.10.2013) by The Building (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/143), regs. 1, 2(2)(b) (with reg. 5)

[^key-06374351b996e7b17c8a63d9d376fdba]: Words in sch. 5 para. 7.1(a) inserted (1.10.2013) by The Building (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/143), regs. 1, 2(2)(d)(i) (with reg. 5)

[^key-659fd32df5dd076c9f73871ab7367c09]: Words in sch. 5 para. 7.1(b) inserted (1.10.2013) by The Building (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/143), regs. 1, 2(2)(d)(ii) (with reg. 5)

[^M_F_41c558ce-92e9-47b4-ff06-59f7a1274ca1]: Words in Sch. 5 para. 7.1 omitted (1.10.2013) by virtue of The Building (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/143), regs. 1, 2(2)(d)(iii) (with reg. 5)

[^key-e24f66b466cffca0d2677f3d3b1e2ffd]: Word in sch. 6 para. 1(b) inserted (1.10.2013) by The Building (Miscellaneous Amendments) (Scotland) Regulations 2013 (S.S.I. 2013/143), regs. 1, 2(3) (with reg. 5)

[^key-9f17e2576bc63d71d7e4213b9554da89]: Sch. 1 para. 1 substituted (1.10.2014) by The Explosives Regulations 2014 (S.I. 2014/1638), reg. 1(1), Sch. 13 para. 20

[^M_F_c269225c-95b7-4914-fe3a-7c229cd4c7bc]: Word in Sch. 5 para. 6.9 substituted (9.7.2015) by The Building (Scotland) Amendment Regulations 2015 (S.S.I. 2015/218), regs. 1(2), 2(2)

[^M_F_5bf35987-350f-43f2-fda3-943b2a883c99]: Words in Sch. 5 para. 6.1 substituted (1.10.2015) by The Building (Scotland) Amendment Regulations 2014 (S.S.I. 2014/219), regs. 1, 2(2) (with reg. 3)

[^M_F_aaeae51e-e6b0-44ac-f145-eadb24413117]: Words in Sch. 5 para. 6.9 substituted (1.10.2015) by The Building (Scotland) Amendment Regulations 2014 (S.S.I. 2014/219), regs. 1, 2(3) (with reg. 3)

[^M_F_5be41d24-8079-42c4-9642-7669c76db2ec]: Words in Sch. 5 para. 6.3 omitted (1.10.2015) by virtue of The Building (Scotland) Amendment Regulations 2015 (S.S.I. 2015/218), regs. 1(3), 3(2) (with reg. 4)

[^key-8d54442e9b629fc8bf12391a723437aa]: Reg. 17(1)(a) substituted (13.3.2016) by The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/71), regs. 1(3), 2(2)

[^key-b0e18afb9da54b471b2b6a0b74251602]: Word in sch. 5 para. 6.1.(a) omitted (with application in accordance with reg. 1(2) of the amending S.S.I.) by virtue of The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/71), regs. 1(3), 2(3)(a)

[^key-c9900eda235da2bfb754c6e79bb031c8]: Sch. 5 para. 6.1.(c) and word inserted (with application in accordance with reg. 1(2) of the amending S.S.I.) by The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/71), regs. 1(3), 2(3)(b)

[^M_F_9eb70d51-da1a-410c-b9b4-3267dce58399]: Words in sch. 5 para. 6.1 inserted (with application in accordance with reg. 1(2) of the amending S.S.I.) by The Building (Energy Performance of Buildings) (Scotland) Amendment Regulations 2016 (S.S.I. 2016/71), regs. 1(3), 2(3)(c)

[^M_F_1220e7b3-d67e-4175-c8b1-b02b8d1fc014]: S.S.I. 2008/309. Regulation 7 was substituted by S.S.I. 2012/315.

[^key-eb409919c9503cd19842297c69f9a3ef]: Word in sch. 6 para. 2(d) inserted (1.7.2016) by The Building (Scotland) Amendment Regulations 2016 (S.S.I. 2016/70), regs. 1, 2(3) (with reg. 2)

[^key-2c3b9157cdf0718d83c4be1da6b78bbc]: Sch. 3 AA heading and para. 23A inserted (1.7.2017) by The Building (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/188), regs. 1, 3(3) (as amended (30.6.2017) by The Building (Miscellaneous Amendments) (Scotland) Amendment Regulations 2017 (S.S.I. 2017/214), regs. 1, 2(3))

[^key-8bc3e33a18f97fe0b0489b5401f76088]: Reg. 9 substituted (1.7.2017) by The Building (Miscellaneous Amendments) (Scotland) Regulations 2017 (S.S.I. 2017/188), regs. 1, 3(2)

[^M_F_0dd445e4-0f8c-4a17-813a-24e8529bb7a9]: Schedule 5 was substituted by S.S.I. 2006/534. There are other amendments not relevant to these Regulations.

[^key-f979d1f75d6cbb36a459993104e66a61]: Word in sch. 5 para. 2.4 omitted (1.10.2019) by virtue of The Building (Scotland) Amendment Regulations 2019 (S.S.I. 2019/210), regs. 1, 2(2)(a)

[^key-511cc8ef17d2513db361934d76c56bb4]: Word in sch. 5 para. 2.4 substituted (1.10.2019) by The Building (Scotland) Amendment Regulations 2019 (S.S.I. 2019/210), regs. 1, 2(2)(b)

[^key-929411e09914b87ee16f1cd9077a91b1]: Words in reg. 2(1) omitted (1.3.2021) by virtue of The Building (Scotland) Amendment Regulations 2020 (S.S.I. 2020/275), regs. 1, 2(2)(a)

[^key-e59af580349c358e700e7b840c60ecdd]: Words in reg. 2(1) inserted (1.3.2021) by The Building (Scotland) Amendment Regulations 2020 (S.S.I. 2020/275), regs. 1, 2(2)(b)

[^key-6f242eccc7269e8a1b1ac762359f3a7f]: Words in reg. 2(1) inserted (1.3.2021) by The Building (Scotland) Amendment Regulations 2020 (S.S.I. 2020/275), regs. 1, 2(2)(c)

[^M_F_041f60c0-8be3-4fa3-9be4-e498f9b4d041]: Words in sch. 5 para. 2.15 omitted (1.3.2021) by virtue of The Building (Scotland) Amendment Regulations 2020 (S.S.I. 2020/275), regs. 1, 2(3)(a)

[^M_F_9030c532-d78b-4818-9f94-fa297fb1a113]: Word in sch. 5 para. 2.15 omitted (1.3.2021) by virtue of The Building (Scotland) Amendment Regulations 2020 (S.S.I. 2020/275), regs. 1, 2(3)(b)

[^M_F_903180cd-4ec4-4aa2-db2e-5bb09be420fe]: Word in sch. 5 para. 2.15 inserted (1.3.2021) by virtue of The Building (Scotland) Amendment Regulations 2020 (S.S.I. 2020/275), regs. 1, 2(3)(c)

[^key-52c07b8dabcd55fc6eace513fb027334]: Sch. 3 para. 25A inserted (1.6.2022) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(2), 4(c) (with reg. 6)

[^key-1519bbc05ad4e8d108c59f26e5b88a20]: Reg. 8(3)-(6) inserted (1.6.2022) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(2), 3 (with reg. 6)

[^M_F_55f42313-e58f-445c-ed6b-6d93ebb404a6]: Words in sch. 3 para. 17 substituted (1.6.2022) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(2), 4(a) (with reg. 6)

[^M_F_d8031df2-3822-44c4-e174-d93678eb6fb4]: Word in sch. 3 para. 25 omitted (1.6.2022) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(2), 4(b) (with reg. 6)

[^M_F_ca1b1662-0b2b-485d-dad8-74f2e8e43fcb]: Words in sch. 5 para. 2.7 inserted (1.6.2022) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(2), 5 (with reg. 6)

[^key-d695caba73309f30d574fe900cb4dae9]: Sch. 5 para. 3.28 inserted (1.2.2023) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 9(a) (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

[^key-0bfee7893ea334969ff0b390085d2b56]: Sch. 5 para. 6.1 heading substituted (1.2.2023) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 9(b)(i) (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

[^key-69525c91048c57d6c2c57846560f3288]: Words in reg. 2 inserted (1.2.2023) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 8(b) (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

[^key-e3b4690f925f861227632ed0d6fbfa84]: Sch. 5 para. 6.1(d) inserted (1.2.2023) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 9(b)(iii) (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

[^key-2ac92d2b2bc303b028ca10d1e4f88a1f]: Words in sch. 5 para. 6.1 substituted (1.2.2023) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 9(b)(iv)(aa) (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

[^key-c4cb26c3f8abf8a08fb5b4443958b73e]: Word in sch. 5 para. 6.1 omitted (1.2.2023) by virtue of The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 9(b)(iv)(bb) (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

[^key-ec68dce59886f4ce19d4cfcaf174a129]: Words in sch. 5 para. 6.7 inserted (1.2.2023) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 9(c)(i) (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

[^key-88409d04493959a20a50ca1797d25e2c]: Words in sch. 5 para. 6.7 inserted (1.2.2023) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 9(c)(ii) (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

[^key-175d17db66077118258b007def46d95c]: Word in sch. 6 para. 2(c) inserted (1.2.2023) by The Building (Scotland) Amendment Regulations 2022 (S.S.I. 2022/136), regs. 1(3), 10 (with reg. 11) (as amended by S.S.I. 2022/340, reg. 2)

[^key-bf8b536517809edf830af6e082fd8bad]: Sch. 5 para. 7.2 inserted (5.6.2023) by The Building (Scotland) Amendment (No. 2) Regulations 2022 (S.S.I. 2022/349), regs. 1, 3 (with reg. 5) (as amended by S.S.I. 2023/65, regs. 1, 2)

[^key-cf429c5a85617b99997c0a1b9c26cb68]: Sch. 6 para. 2A inserted (5.6.2023) by The Building (Scotland) Amendment (No. 2) Regulations 2022 (S.S.I. 2022/349), regs. 1, 4 (with reg. 5) (as amended by S.S.I. 2023/65, regs. 1, 2)

[^key-9dd2ab434bc0d731300fe089d6988000]: Words in sch. 5 para. 6.1 omitted (1.4.2024) by virtue of The Building (Scotland) Amendment Regulations 2023 (S.S.I. 2023/177), regs. 1, 4(a)(iii) (with reg. 6)

[^key-12e18ec93b58f5101d700ab0ef64f729]: Sch. 5 para. 6.11 inserted (1.4.2024) by The Building (Scotland) Amendment Regulations 2023 (S.S.I. 2023/177), regs. 1, 4(b) (with reg. 6)

[^key-b083caf93708858ec75160d8e10f810f]: Sch. 6 para. 2B inserted (1.4.2024) by The Building (Scotland) Amendment Regulations 2023 (S.S.I. 2023/177), regs. 1, 5 (with reg. 6)

[^key-64358e38149d40bfa5b9f14fb89bb2a2]: Words in reg. 2(1) substituted (1.4.2024) by The Building (Scotland) Amendment Regulations 2023 (S.S.I. 2023/177), regs. 1, 3(a) (with reg. 6)

[^key-db3f37dbf8f87e33b8308fd6d84f472e]: Words in reg. 2(1) inserted (1.4.2024) by The Building (Scotland) Amendment Regulations 2023 (S.S.I. 2023/177), regs. 1, 3(b) (with reg. 6)

[^key-2b5473cf4fde6b8cf5e3fe5e83028a61]: Words in sch. 5 para. 6.1 heading omitted (1.4.2024) by virtue of The Building (Scotland) Amendment Regulations 2023 (S.S.I. 2023/177), regs. 1, 4(a)(i) (with reg. 6)

[^key-ab620ad1778180249d01f43df9c5f2bd]: Sch. 5 para. 6.1(b) omitted (1.4.2024) by virtue of The Building (Scotland) Amendment Regulations 2023 (S.S.I. 2023/177), regs. 1, 4(a)(ii) (with reg. 6)

[^key-a3870b1909f047eb0829c80905ab19ac]: Sch. 5 para. 4.14 substituted (1.1.2025) by The Building (Scotland) Amendment Regulations 2024 (S.S.I. 2024/247), regs. 1, 2(2) (with reg. 3)

[^key-0037e14f2d5a15754304920930b15f05]: Words in sch. 5 para. 6.11 inserted (1.1.2025) by The Building (Scotland) Amendment (No. 2) Regulations 2024 (S.S.I. 2024/327), regs. 1, 2(2)(a)

[^key-aa4ee432968b8bf8007e426eba227ed5]: Words in sch. 5 para. 6.11 substituted (1.1.2025) by The Building (Scotland) Amendment (No. 2) Regulations 2024 (S.S.I. 2024/327), regs. 1, 2(2)(b)

Continuing requirements

17
  • (1) Subject to paragraph (2), the owners of buildings shall ensure that–
  • (a) accessible parts of every air-conditioning system within a building are inspected at regular intervals not exceeding five years; and
  • (b) following each inspection of that system the owner of the building or, where the owner is not the occupier, the occupier is given a report containing the result of the inspection and including recommendations for the cost-effective improvement of the energy performance of that system.
  • (2) This regulation shall not apply to–
  • (a) air conditioning systems with a total effective output rating of less than 12 kW; or
  • (b) air conditioning systems solely for processes within a building.
  • (3) In terms of section 2 of the Building (Scotland) Act 2003 the provisions of paragraph (1) are a designated provision in respect of which there is a continuing requirement imposed on the owners of buildings.

Buildings etc. controlled by other legislation

And, without prejudice to the generality of types 1 to 2C above

B. On condition that this work, service, fitting or equipment is to a standard no worse than at present

5

In the measurement of height or depth from ground which is not level the height or depth shall be taken to be the mean height or depth, except that–

  • (a) for the purpose of types 1, 2, 3, 4, 5, 18 or 19 of Schedule 3; and
  • (b) for any other purpose where the difference in level is more than 2.5 metres,

the height or depth shall be taken to be the greatest height or depth.

6

Except where the context otherwise requires, measurements shall be horizontal and vertical.

SECTION 1: — STRUCTURE

Structure

Disproportionate collapse

SECTION 2: — FIRE

Compartmentation

Limitation

This standard does not apply to domestic buildings.

Separation

Structural protection

Cavities

Internal linings

Spread to neighbouring buildings

Spread on external walls

Spread from neighbouring buildings

Escape

Escape lighting

Communication

Limitation

Fire service access

Fire service water supply

Limitation

Fire service facilities

Automatic life safety fire suppression systems

Limitation

SECTION 3: — ENVIRONMENT

Site preparation – harmful and dangerous substances

Limitation

This standard does not apply to the removal of unsuitable material, including turf, vegetable matter, wood, roots and topsoil on the site of a building (other than a dwelling) intended to have a life not exceeding the period specified in regulation 6.

Site preparation – protection from radon gas

Flooding and ground water

Moisture from the ground

Existing drains

Limitation

Surface water drainage

Wastewater drainage

Limitation

Private wastewater treatment systems – treatment plants

Private wastewater treatment systems – infiltration systems

Precipitation

Limitation

Facilities in a dwelling

Limitation

Sanitary facilities

Heating

Limitation

Ventilation

Condensation

Limitation

Natural lighting

Limitation

Combustion appliances – safe operation

Combustion appliances – protection from products of combustion

Combustion appliances – relationship to combustible materials

Combustion appliances – removal of products of combustion

Combustion appliances – air for combustion

Combustion appliances – air for cooling

Fuel storage – protection from fire

Limitation

Fuel storage – containment

Limitation

Solid waste storage

Limitation

Dungsteads and farm effluent tanks

SECTION 4: — SAFETY

Access to buildings

Limitation

There is no requirement to provide access for a wheelchair user to–

  • (a) a house, between either the point of access to or from any car parking within the curtilage of a building and an entrance to the house where it is not reasonably practicable to do so; or
  • (b) a common entrance of a domestic building not served by a lift, where there are no dwellings entered from a common area on the entrance storey.

Access within buildings

Limitation

Stairs and ramps

Pedestrian protective barriers

Limitation

Electrical safety

Limitation

Electrical fixtures

Limitation

Aids to communication

Limitation

Danger from accidents

Limitation

Danger from heat

Fixed seating

Limitation

Liquefied petroleum gas storage

Limitation

Vehicle protective barriers

SECTION 5: — NOISE

Resisting sound transmission to dwellings using appropriate constructions

Limitation

This standard only applies to a wall or floor forming an apartment in a dwelling and a room in a residential building which is capable of being used for sleeping; other than—

  • (a) a wall between an en-suite bathroom and the apartment or room it serves;
  • (b) a hospital; or
  • (c) a place of lawful detention.

SECTION 6: — ENERGY

Carbon dioxide emissions

Limitation

This standard does not apply to–

  • (a) alterations and extensions to buildings other than—
  • (i) alterations and extensions to stand-alone buildings having an area less than 50 square metres that would increase the area to 50 square metres or more;
  • (ii) extensions to non-domestic buildings where the extension will have an area which is both greater than 100 square metres and greater than 25% of the area of the existing building; and
  • (iii) alterations to buildings involving the fit-out of the building shell which is the subject of a continuing requirement;
  • (b) conversions of buildings;
  • (c) non-domestic buildings and buildings that are ancillary to a dwelling that are stand-alone having an area less than 50 square metres;
  • (d) buildings, which will not be heated or cooled other than by heating provided solely for the purpose of frost protection; or
  • (e) limited life buildings which have an intended life of less than 2 years.

Building insulation envelope

Limitation

Heating system

Limitation

Insulation of pipes, ducts and vessels

Limitation

Artificial and display lighting

Limitation

Mechanical ventilation and air conditioning

Limitation

Commissioning building services

Limitation

Written information

Limitation

Energy Performance Certificates

6.9

Every building must be designed and constructed in such a way that–

  • (a) an energy performance certificate for the building is affixed to the building; and
  • (c) the energy performance certificate is displayed in a prominent place within the building.

Limitation

Metering

6.10

Every building must be designed and constructed in such a way that each building, or part of a building designed for different occupation is fitted with fuel and power meters.

Limitation

15A

Any work associated with affixing an energy performance certificate to a building.

2A

Any works to or in a building ... that is a prison or a building where a person may be legally detained or otherwise legally held in custody. Except – Any work which increases the floor area of the building by more than 100 square metres. Any demolition or alteration of the roof, external walls or elements of structure. Any work involving underpinning. Any work adversely affecting a separating wall. Any work involving a change in the method of wastewater discharge. Work, not being work of types 3 to 26 below, to a prison or a building where a person may be legally detained or otherwise legally held in custody having a storey, or creating a storey, at a height of more than 7.5 metres.

2B

A building or any work to or in a building or the conversion of a building that is the Scottish Parliament.

2C

A building or any work to or in a building or the conversion of a building belonging to Her Majesty in right of Her private estates.

Fire and rescue service access

Fire and rescue service water supply

Fire and rescue service facilities

Automatic fire suppression systems

Security

4.13

Every building must be designed and constructed in such a way that doors and windows, vulnerable to unlawful entry, can be secured to deter housebreaking and protect the safety and welfare of occupants.

Limitation

Noise separation

Noise reduction between rooms

5.2

Every building must be designed and constructed in such a way to limit the transmission of source noise from normal domestic type activities, through a wall or floor, between a room and internal space where noise is likely to occur, to a level that will not cause inconvenience to the building occupants.

Limitation

15B

Any work associated with affixing a statement of sustainability to a building.

SECTION 7: — SUSTAINABILITY

Statement of sustainability

7.1

Every building must be designed and constructed in such a way that—

  • (a) with regard to a dwelling or school building containing classrooms, a level of sustainability specified by the Scottish Ministers in respect of carbon dioxide emissions, resource use, building flexibility, adaptability and occupant well-being is achieved;
  • (b) with regard to a non-domestic building, other than a school building containing classrooms, a level of sustainability specified by the Scottish Ministers in respect of carbon dioxide emissions is achieved; and
  • (c) a statement of the level of sustainability achieved is affixed to the dwelling or non-domestic building.

Limitation

This standard does not apply to—

  • (a) alterations and extensions to buildings...;
  • (b) conversions of buildings;
  • (c) buildings that are ancillary to a dwelling that are stand-alone having an area less than 50 square metres;
  • (d) buildings which will not be heated or cooled other than by heating provided solely for the purpose of frost protection;
  • (e) buildings intended to have a life not exceeding the period specified in regulation 6; or
  • (f) conservatories.

Water efficiency

3.27

Every building must be designed and constructed in such a way that sanitary facilities with water efficient fittings which are designed for the prevention of undue consumption of water are installed.

Limitation

Interpretation of this standard

Limitation

Building insulation envelope

Limitation

Heating system

Limitation

Insulation of pipes, ducts and vessels

Limitation

Artificial and display lighting

Limitation

Mechanical ventilation and air conditioning

Limitation

Commissioning building services

Limitation

Written information

Limitation

Energy Performance Certificates

Limitation

Metering

Limitation

In-building physical infrastructure for high-speed electronic communications networks

4.14

Every building and building unit must be designed and constructed in such a way that—

  • (a) gigabit-ready in-building physical infrastructure up to a network termination point for gigabit-capable public electronic communications network is provided,
  • (b) in the case of a building which contains more than one building unit, a common access point for gigabit-capable public electronic communications networks is provided,
  • (c) to the extent that it is reasonably practicable to do so—
  • (i) gigabit-capable onsite physical infrastructure is provided,
  • (ii) each network termination point is connected to a gigabit-capable electronic communications network.

Limitation

Interpretation of this standard

In this standard—

  • “access point” means a physical point, located inside or outside the building, accessible to undertakings providing or authorised to provide public communications networks, where connection to the high-speed ready in-building physical infrastructure is made available;
  • “building unit” means a part of a building which is designed or altered to be used separately;
  • “high-speed electronic communications network” means an electronic communications network which is capable of delivering broadband access services at speeds of at least 30 Mbps;
  • “high-speed ready in-building physical infrastructure” means in-building physical infrastructure intended to host elements, or enable delivery, of high-speed electronic communications networks;
  • “in-building physical infrastructure” means physical infrastructure or installations at the end-user’s location, including elements under joint ownership, intended to host wired or wireless access networks, where such access networks are capable of delivering electronic communications services and connecting the building access point with the network termination point;
  • “major renovation works” means works at the end-user’s location encompassing structural modifications of the entire in-building physical infrastructure, or of a significant part of it; and
  • “network termination point” means a physical point located inside or outside the building at which an occupier is provided with access to high-speed electronic communications networks.

AA. On condition that this type in all respects and/or in the manner of their fitting meet the requirements of standards 1.1, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 and 4.4 of schedule 5.

23A

A detached single-storey building used for shelter or sleeping in connection with recreation. Except- A dwelling. A building having an area exceeding 30 square metres. A building ancillary to another building. A building within 6 metres of a boundary or of another building. Any wastewater disposal system serving a building of this type. A building containing a gallery or galleries unless the gallery, or where there is more than one gallery, the galleries together, occupy an area not more than—

  • (a) 8 square metres; or
  • (b) one-half of the area of the room or space in which the gallery is, or galleries are, situated,

whichever is the lesser.

B. On condition that this work, service, fitting or equipment is to a standard no worse than at present

A. On condition that types 1–23 in all respects and/or in the manner of their fitting meet any standards required by the Regulations

And, without prejudice to the generality of types 1 to 2C above

AA. On condition that this type in all respects and/or in the manner of their fitting meet the requirements of standards 1.1, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 and 4.4 of schedule 5.

B. On condition that this work, service, fitting or equipment is to a standard no worse than at present

25A

Replacement of part of an external wall cladding system when the replacement is to make a minor repair.

Separation

Structural protection

Cavities

Internal linings

Spread to neighbouring buildings

Spread on external walls

Spread from neighbouring buildings

Escape

Escape lighting

Communication

Fire and rescue service access

Fire and rescue service water supply

Fire and rescue service facilities

Automatic fire suppression systems

Site preparation – protection from radon gas

Flooding and ground water

Moisture from the ground

Existing drains

Surface water drainage

Wastewater drainage

Private wastewater treatment systems – treatment plants

Private wastewater treatment systems – infiltration systems

Precipitation

Facilities in a dwelling

Sanitary facilities

Heating

Ventilation

Condensation

Natural lighting

Combustion appliances – safe operation

Combustion appliances – protection from products of combustion

Combustion appliances – relationship to combustible materials

Combustion appliances – removal of products of combustion

Combustion appliances – air for combustion

Combustion appliances – air for cooling

Fuel storage – protection from fire

Fuel storage – containment

Solid waste storage

Dungsteads and farm effluent tanks

Water efficiency

Access within buildings

Stairs and ramps

Pedestrian protective barriers

Electrical safety

Electrical fixtures

Aids to communication

Danger from accidents

Danger from heat

Fixed seating

Liquefied petroleum gas storage

Vehicle protective barriers

Security

In-building physical infrastructure for high-speed electronic communications networks

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