The Building (Miscellaneous Amendments) (Scotland) Regulations 2017

Made: 31st May 2017

Laid before the Scottish Parliament: 2nd June 2017

Coming into force: 1st July 2017

In accordance with section 1(2) of that Act[^f00002] they have consulted such persons as appeared to them to be representative of the interests concerned.

Citation and commencement

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These Regulations may be cited as the Building (Miscellaneous Amendments) (Scotland) Regulations 2017 and come into force on 1st July 2017.

Amendment of the Building (Procedure) (Scotland) Regulations 2004

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• (1) The Building (Procedure) (Scotland) Regulations 2004[^f00003] are amended in accordance with paragraphs (2) to (5).

• (2) In regulation 2 (interpretation) omit paragraphs (3) to (5).

• (3) After regulation 2 insert—

(2A) (1) Where the criteria in paragraph (2) are met, any document required or authorised to be sent by these Regulations may be sent by electronic communication and any requirement in these Regulations that any document is to be in writing is fulfilled. (2) The criteria are that— (a) the recipient consents, or is deemed to have agreed under paragraph (3), to receive it electronically; and (b) the document sent by the electronic communication is— (i) capable of being accessed by the recipient; (ii) legible in all material respects; and (iii) sufficiently permanent to be used for subsequent reference. (3) Any person sending a document using electronic communication is deemed to have agreed— (a) to the use of such communication for all purposes under these Regulations which are capable of being carried out electronically; and (b) that the address for the purpose of such communication is the address incorporated into, or otherwise logically associated with, that communication. (4) Deemed agreement under paragraph (3) subsists until that person gives notice to revoke the agreement. (5) Notice of withdrawal of consent to the use of electronic communication or of revocation of agreement under paragraph (4) takes effect on a date specified by the person in the notice, but not less than 7 days after the date on which the notice is given. (6) Any requirement in these Regulations for a document to be signed is satisfied by an electronic signature, and “electronic signature” is to be construed in accordance with section 7(2) of the Electronic Communications Act 2000[^f00004]. (7) In this regulation— - “address” includes any number or address used for the purpose of such communication or storage; - “document” includes any notice, consent, application, decision, direction, representation, statement, list, report, form, plan, certificate or other information or communication; - “electronic communication” has the meaning given in section 15(1) of the Electronic Communications Act 2000[^f00005]; - “legible in all material respects” means that the information contained in the document is available to the recipient to no lesser extent than it would be if sent by means of a document in printed form; and - “sent” includes, submitted, notified or given and cognate expressions are to be construed accordingly.

• (4) In regulation 56 (decisions of verifiers and local authorities)—

• (a) in paragraph (5) after “submitted” insert “, other than those submitted by the use of electronic communication,”; and

• (b) after paragraph (5) insert—

(6) The requirement in paragraph (4) to send a building warrant and a copy of the relevant plans (“the documents”) to the applicant may be satisfied by sending that applicant a notice— (a) stating that the documents are available for viewing and downloading on a website; (b) specifying the address of that website together with any password necessary to view and download the documents from that site; and (c) containing a statement that the person to whom notice is sent may request a hard copy of the documents and specifying a telephone number, e-mail address and postal address which may be used to request a hard copy. (7) Where a notice under paragraph (6) is sent, the documents must— (a) be available on the website for a period of no less than 42 days beginning with the date on which the notice was sent; and (b) be in such a format as to enable them to be downloaded from the website within a reasonable time of an electronic request being made for them to be downloaded.

• (5) In Schedule 2 (information to be submitted with specific applications) in—

• (a) section B (application for warrant to extend a building), in paragraph 3(2) omit “be coloured or shaded to the extent necessary to”; and

• (b) section C (application for warrant to alter or convert a building or to provide services, fittings and equipment in or in connection with a building), in paragraph 4(2) omit “be coloured or shaded to the extent necessary to”.

Amendment of the Building (Scotland) Regulations 2004

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• (1) The Building (Scotland) Regulations 2004[^f00006] are amended in accordance with paragraphs (2) and (3).

• (2) For regulation 9 (building standards – construction) substitute—

(9) (1) Subject to paragraph (2), construction must be carried out so that the work complies with the applicable requirements of schedule 5[^f00007]. (2) Only the requirements of the standards set out in paragraphs 1.1, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 and 4.4 of schedule 5 apply in the case of the construction of a building of the type described in paragraph 23A of schedule 3.

• (3) In schedule 3[^f00008] (descriptions of building and work not requiring a warrant), after paragraph 23 insert—

(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. Interpretation of paragraph 23A In paragraph 23A, “gallery” means a raised floor or platform which is open to the room or space into which it projects and is not enclosed below.

Amendment of the Building (Fees) (Scotland) Regulations 2004

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• (1) The Building (Fees) (Scotland) Regulations 2004[^f00009] are amended in accordance with paragraphs (2) to (9).

• (2) In regulation 2 (interpretation)—

• (a) after the definition of “the Act” insert—

• “certificate of construction” means a certificate (within the meaning of section 19(5) of the Act) issued by an approved certifier of construction certifying that the construction of a building, or such aspect of the construction of a building as is specified in the certificate, complies with building regulations;
• “certificate of design” means a certificate (within the meaning of section 11(5) of the Act) issued by an approved certifier of design certifying that the design of a building, or such part of a building as is specified in the certificate, complies with building regulations;

; and

• (b) after the definition of “dwelling” insert—

• “section certificate” means a certificate of design which covers the whole of any section set out in schedule 5 of the Building (Scotland) Regulations 2004;
• “single item certificate” means a certificate of design which covers a single item of any section set out in schedule 5 of the Building (Scotland) Regulations 2004;

• (3) In regulation 3(1) (fees for applications for building warrants and completion certificates) for “4, 5 and 6” substitute “4 to 6A”.

• (4) For regulation 5[^f00010] (discounts – certificates of design) and the associated cross heading substitute—

(5) (1) Subject to paragraphs (6) and (7), where this regulation applies the fee which would otherwise be payable under regulation 3(1)(a) is discounted by an amount calculated in accordance with paragraphs (3) to (5). (2) This regulation applies where, when submitting an application for a building warrant or an application for amendment of a building warrant, the applicant— (a) submits one or more certificates of design to the verifier in connection with the application; or (b) informs the verifier in writing— (i) that the applicant intends subsequently to submit one or more certificates of design to the verifier in connection with the application; and (ii) how many of such certificates of design are to be section certificates and how many are to be single item certificates. (3) The discount is— (a) for each section certificate submitted, or to be submitted, the amount calculated in accordance with paragraph 9 of Part 3 of the schedule; and (b) for each single item certificate submitted, or to be submitted, 1% of the full fee. (4) Where more than 5 single item certificates cover, or are to cover, the same section set out in schedule 5 of the Building (Scotland) Regulations 2004, the maximum amount of discount attributable to such single item certificates by virtue of paragraph (3)(b) is 5% of the full fee. (5) In no case shall the combined discounts applicable by virtue of this regulation exceed 60% of the full fee. (6) The fee payable in respect of an application for amendment of a building warrant may only be discounted where the estimated value of the additional work exceeds £5000. (7) Where the fee for an application has been discounted by virtue of this regulation and the applicant subsequently informs the verifier in writing— (a) that the applicant no longer intends to submit one or more certificates of design to the verifier in connection with the application; and (b) how many of such certificates of design are section certificates and how many are single item certificates, the amount by which the full fee is discounted is reduced by the amount of the discount attributable to such certificates and the unpaid balance of the full fee after deduction of the reduced discount is payable. (8) In this regulation and in regulation 5A “full fee” means the fee payable under regulation 3(1)(a) before applying any discount in terms of this regulation or regulation5A. (5A) (1) Subject to paragraphs (7) and (8), where this regulation applies the fee which would otherwise be payable under regulation 3(1)(a) is discounted by an amount calculated in accordance with paragraphs (3) to (6). (2) This regulation applies where, when submitting an application for a building warrant or an application for amendment of a building warrant, the applicant informs the verifier in writing that the applicant intends to submit one or more certificates of construction to the verifier with the completion certificate. (3) Where one or more certificates of construction to be submitted is to cover only an aspect of the work to which the building warrant is to relate, the discount is the amount calculated in accordance with paragraph 13 of Part 4 of the schedule for each certificate of construction to be submitted which is to cover a different aspect of the work. (4) Where— (a) the application for a building warrant relates to more than one building; (b) the applicant intends to submit separate completion certificates for one or more of the buildings covered by the building warrant; and (c) two or more certificates of construction are to be submitted which are to cover the same aspect of the work (but in respect of different buildings), only one certificate of construction in respect of that aspect of the work is to be taken into account for the purpose of calculating the discount. (5) Where one certificate of construction is to be submitted which is to cover all aspects of the work to which the building warrant is to relate the amount of the discount is 20% of the full fee. (6) In no case shall the combined discounts applicable by virtue of this regulation exceed 20% of the full fee. (7) The fee payable in respect of an application for amendment of a building warrant may only be discounted where the estimated value of the additional work exceeds £5000. (8) Where the fee for an application has been discounted by virtue of this regulation but one or more certificates of construction are not subsequently submitted with the completion certificate, the amount by which the full fee is discounted is reduced by the amount of the discount attributable to such certificates and the unpaid balance of the full fee after deduction of the reduced discount is payable.

• (5) For regulation 6 (discounts – certificates of construction) and the associated cross heading substitute—

(6) (1) The fee which would otherwise be payable under regulation 3(1)(b) is discounted by an amount calculated in accordance with paragraphs (2) to (5) where the submission of the completion certificate is accompanied by one or more certificates of design relative to that completion certificate. (2) Where one certificate of design is submitted which covers the entirety of the work to which the completion certificate relates, the discount is 60% of the fee which would otherwise be payable under regulation 3(1)(b). (3) Where one or more certificates of design are submitted which cover only part of the work to which the completion certificate relates, the discount is— (a) for each section certificate submitted, the amount calculated in accordance with paragraph 9 of Part 3 of the schedule; and (b) for each single item certificate submitted, 1% of the fee which would otherwise be payable. (4) Where more than 5 single item certificates cover the same section set out in schedule 5 of the Building (Scotland) Regulations 2004, the maximum amount of discount attributable to such single item certificates by virtue of paragraph (3)(b) is 5% of the fee which would otherwise be payable. (5) In no case shall the discount applicable by virtue of this regulation exceed 60% of the fee which would otherwise be payable under regulation 3(1)(b). (6A) (1) The fee which would otherwise be payable under regulation 3(1)(b) is discounted by an amount calculated in accordance with paragraphs (2) to (3) where the submission of the completion certificate is accompanied by one or more certificates of construction relative to that completion certificate. (2) The discount is— (a) where one certificate of construction is submitted which covers all aspects of the work to which the completion certificate relates, 20% of the fee which would otherwise be payable under regulation 3(1)(b); or (b) where one or more certificates of construction is submitted which cover only an aspect of the work to which the completion certificate relates, the amount calculated in accordance with paragraph 13 of Part 4 of the schedule for each certificate of construction submitted which covers a different aspect of the work. (3) In no case shall the discount applicable by virtue of this regulation exceed 20% of the fee which would otherwise be payable under regulation 3(1)(b).

• (6) For the table in Part 1 of the schedule substitute—