The Building (Scotland) Regulations 2004

Every building must be designed and constructed in such a way that there will not be a threat to the building or the health of the occupants as a result of moisture penetration from the ground.

Existing drains

3

Every building must not be constructed over an existing drain (including a field drain) that is to remain active.

Limitation

This standard does not apply where it is not reasonably practicable to re-route an existing drain.

Surface water drainage

3

Every building, and hard surface within the curtilage of a building, must be designed and constructed with a surface water drainage system that will–

• (a) ensure the disposal of surface water without threatening the building and the health and safety of the people in and around the building; and

• (b) have facilities for the separation and removal of silt, grit and pollutants.

Wastewater drainage

3

Every wastewater drainage system serving a building must be designed and constructed in such a way as to ensure the removal of wastewater from the building without threatening the health and safety of the people in and around the building, and–

• (a) that facilities for the separation and removal of oil, fat, grease and volatile substances from the system are provided;

• (b) that discharge is to a public sewer or public wastewater treatment plant, where it is reasonably practicable to do so; and

• (c) where discharge to a public sewer or public wastewater treatment plant is not reasonably practicable that discharge is to a private wastewater treatment plant or septic tank.

Limitation

Standard 3.7(a) does not apply to a dwelling.

Private wastewater treatment systems – treatment plants

3

Every private wastewater treatment plant or septic tank serving a building must be designed and constructed in such a way that it will ensure the safe temporary storage and treatment of wastewater prior to discharge.

Private wastewater treatment systems – infiltration systems

3

Every private wastewater treatment system serving a building must be designed and constructed in such a way that the disposal of the wastewater to ground is safe and is not a threat to the health of the people in and around the building.

Precipitation

3

Every building must be designed and constructed in such a way that there will not be a threat to the building or the health of the occupants as a result of moisture from precipitation penetrating to the inner face of the building.

Limitation

This standard does not apply to a building where penetration of moisture from the outside will result in effects no more harmful than those likely to arise from use of the building.

Facilities in a dwelling

3

Every dwelling must be designed and constructed in such a way that the size of any apartments or kitchens and the access to other rooms does not threaten the health of the occupants.

Limitation

This standard applies only to a dwelling.

Sanitary facilities

3

Every building must be designed and constructed in such a way that sanitary facilities are provided for all occupants of, and visitors to, the building and that there is no threat to the health and safety of occupants or visitors.

Heating

3

Every building must be designed and constructed in such a way that it can be heated.

Limitation

This standard applies only to a dwelling.

Ventilation

3

Every building must be designed and constructed in such a way that the air quality inside the building is not a threat to the health of the occupants or the capability of the building to resist moisture, decay or infestation.

Condensation

3

Every building must be designed and constructed in such a way that there will not be a threat to the building or the health of the occupants as a result of moisture caused by surface or interstitial condensation.

Limitation

This standard applies only to a dwelling.

Natural lighting

3

Every building must be designed and constructed in such a way that natural lighting is provided to ensure that the health of the occupants is not threatened.

Limitation

This standard applies only to a dwelling.

Combustion appliances – safe operation

3

Every building must be designed and constructed in such a way that each fixed combustion appliance installation operates safely.

Combustion appliances – protection from products of combustion

3

Every building must be designed and constructed in such a way that any component part of each fixed combustion appliance installation used for the removal of combustion gases will withstand heat generated as a result of its operation without any structural change that would impair the stability or performance of the installation.

Combustion appliances – relationship to combustible materials

3

Every building must be designed and constructed in such a way that any component part of each fixed combustion appliance installation will not cause damage to the building in which it is installed by radiated, convected or conducted heat or from hot embers expelled from the appliance.

Combustion appliances – removal of products of combustion

3

Every building must be designed and constructed in such a way that the products of combustion are carried safely to the external air without harm to the health of any person through leakage, spillage, or exhaust nor permit the re-entry of dangerous gases from the combustion process of fuels into the building.

Combustion appliances – air for combustion

3

Every building must be designed and constructed in such a way that each fixed combustion appliance installation receives air for combustion and operation of the chimney so that the health of persons within the building is not threatened by the build-up of dangerous gases as a result of incomplete combustion.

Combustion appliances – air for cooling

3

Every building must be designed and constructed in such a way that each fixed combustion appliance installation receives air for cooling so that the fixed combustion appliance installation will operate safely without threatening the health and safety of persons within the building.

Oil storage – protection from fire

3

Every building must be designed and constructed in such a way that an oil storage installation, incorporating oil storage tanks used solely to serve a fixed combustion appliance installation providing space heating or cooking facilities in a building, will inhibit fire from spreading to the tank and its contents from within, or beyond, the boundary.

Limitation

This standard does not apply to portable containers.

Oil storage – protection from spillage

3

Every building must be designed and constructed in such a way that an oil storage installation, incorporating oil storage tanks used solely to serve a fixed combustion appliance installation providing space heating or cooking facilities in a building, will–

• (a) reduce the risk of oil escaping from the installation;

• (b) contain any oil spillage likely to contaminate any water supply, groundwater, watercourse, drain or sewer; and

• (c) permit any spill to be disposed of safely.

Limitation

This standard does not apply to portable containers.

Solid waste storage

3

Every building must be designed and constructed in such a way that accommodation for solid waste storage is provided which–

• (a) permits access for storage and for the removal of its contents;

• (b) does not threaten the health of people in and around the building; and

• (c) does not contaminate any water supply, ground water or surface water.

Limitation

This standard applies only to a dwelling.

Dungsteads and farm effluent tanks

3

Every building must be designed and constructed in such a way that there will not be a threat to the health and safety of people from a dungstead and farm effluent tank.

SECTION 4: SAFETY

Access to buildings

4

Every building must be designed and constructed in such a way that all occupants and visitors are provided with safe, convenient and unassisted means of access to the building.

Limitation

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

• (a) a house, where there are no apartments on the entrance storey;

• (b) a house, where it is not reasonably practicable to construct a level or ramped access route between the point of access to, or from any car parking within, the curtilage of a building and an entrance to the house; or

• (c) 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

4

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

• (a) in non-domestic buildings, safe, unassisted and convenient means of access is provided throughout the building;

• (b) in domestic buildings, safe and convenient means of access is provided to each dwelling and throughout the common areas;

• (c) in residential buildings, a proportion of the rooms intended to be used as bedrooms must be accessible to wheelchair users;

• (d) in dwellings, safe means of access is provided for occupants throughout the dwelling; and

• (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

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–