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
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Reform history JSON API
  • (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

Noise reduction between rooms

Building insulation envelope

Heating system

Insulation of pipes, ducts and vessels

Artificial and display lighting

Mechanical ventilation and air conditioning

Commissioning building services

Written information

Energy Performance Certificates

Metering

Overheating risk

3.28

Every building must be designed and constructed in such a way that the risk to the health of the occupants from overheating is reduced.

Energy demand and carbon dioxide emissions

Electric vehicle charging

7.2

Every building must be designed and constructed in such a way that provision for the charging of electric vehicles is made where car parking spaces are located within the building or the curtilage of the building.

2A

Every conversion, to which these regulations apply, which—

  • (a) alters the number dwellings, or the number of building units, in the building,
  • (b) changes the occupation or use of—
  • (i) a residential building to any other type of building, or
  • (ii) a building so that it becomes a residential building,

must meet the requirements of standard 7.2 (electric vehicle charging) in section 7, sustainability, of schedule 5.

Interpretation

In this paragraph “building unit” means a part of a building which is designed or altered to be used separately.

Energy demand ...

Heating and hot water – direct emission heating system

6.11

Every building must be designed and constructed in such a way that the means by which space within the building is heated or cooled and by which hot water is made available in the building is not by means of a direct emission heating system.

2B

Every conversion, to which these regulations apply, must meet the requirements of standard 6.11 (heating and hot water – direct emission heating system) in section 6, energy, of schedule 5 but conversion of a pre-2024 building must meet those requirements only—

  • (a) if the conversion involves a change in occupation or use of the part of the building in which an existing direct emission heating system is located, and
  • (b) in so far as it is reasonably practicable to do so.

Gigabit-ready physical infrastructure for electronic communications networks

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