The Building (Scotland) Amendment Regulations 2006

Made: 2nd November 2006

Laid before the Scottish Parliament: 3rd November 2006

Coming into force: 1st May 2007

The Scottish Ministers, in exercise of the powers conferred by sections 1, 2, 8(8), 54, 56 of and Schedule 1 to, the Building (Scotland) Act 2003[^f00001] and of all other powers enabling them in that behalf, and having consulted the Building Standards Advisory Committee and such other persons as appear to them to be representative of the interests concerned, in accordance with section 1(2) of that Act, hereby make the following Regulations:

Citation and commencement

1

These Regulations may be cited as the Building (Scotland) Amendment Regulations 2006 and shall come into force on 1st May 2007.

Amendment of Regulations

2

In the Building (Scotland) Regulations 2004[^f00002]–

• (a) in regulation 5 (descriptions of building and work, including the provision of services, fittings and equipment, not requiring a warrant) insert “ building” before “warrant”;

• (b) after regulation 16 (relaxations) insert the following–

(17) (1) Subject to paragraph (2), the owners of buildings shall ensure that– (a) every air conditioning system within a building is inspected at regular intervals; and (b) appropriate advice is given to the users of the buildings on reducing the energy consumption of such an air conditioning 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.

• (c) for Schedules 1 to 6 substitute Schedules 1 to 6 set out in the Schedule to these Regulations.

Savings

3

• (1) Subject to paragraph (2), these Regulations shall apply only in relation to work commenced on or after 1st May 2007.

• (2) Where–

• (a) an application for a building warrant for the design, construction, demolition or conversion of buildings or the provision of services, fittings or equipment in or in connection with buildings was made before the coming into force of these Regulations; or

• (b) an application for the extension of the period of validity or the amendment of the terms of such a building warrant granted was made before the coming into force of these Regulations,

the building regulations applicable to the building in question shall be those in force at the time of making of the original application for a building warrant and any reference in the Building (Scotland) Act 2003 to building regulations shall be construed accordingly.

Transitional provisions

4

• (1) Notwithstanding regulation 3 and subject to paragraph (2), where a building warrant is not required but the work must still comply with building regulations the building regulations applicable to the work in question shall be those in force at the date on which the contract for the work was entered into and any reference in the Building (Scotland) Act 2003 to building regulations shall be construed accordingly.

• (2) This regulation only applies where–

• (a) the contract is entered into before 1st May 2007;

• (b) the work on the contract is commenced before 1st July 2007; and

• (c) the work on the contract is completed before 31st August 2007.

SCHEDULE

Signed

JOHANN M LAMONT — Authorised to sign by the Scottish Ministers — 2nd November 2006

Explanatory note

(This note is not part of the Regulations)

These Regulations amend the Building (Scotland) Regulations 2004 which set out functional standards for buildings. The principal amendments are in relation to the six Schedules to the 2004 regulations which are replaced in their entirety. These amendments arise due to a number of factors being the result of practical experience of the new system, changes to some of the technical requirements and the implementation of certain requirements in terms of the EC Directive on Energy Performance of Buildings (O.J. L 001, 4.1.2003, p.65–71 (the EPBD) (Regulation 2 and new Section 6 of Schedule 5 to the regulations).

New regulation 17 is inserted into the 2004 Regulations and is required in order to implement the terms of Article 9 of the EPBD regarding the inspection of air conditioning systems. (regulation 2).

The Regulations come into force on 1st May 2007 but do not apply to any application for a building warrant for work made before that date (regulation 3). There are transitional arrangements for work which must comply with the regulations but which does not require a warrant and where a contract has been entered into for the work before 1st May 2007 (regulation 4).

The Schedules have been amended as follows:

1 Schedule 1: a the subordinate legislation reference in building type 1 has been amended to take account of new legislation. b building type 20 has been amended to cover a small detached building that is located within 1 metre from the flat or maisonette to which it relates, similar to a house. A swimming pool deeper than 1.2 metres has been added to the exceptions.

2 Schedule 3: a the exceptions to building types 1 and 2 have been amended to include underpinning and to clarify the extent of drainage work that may be constructed without a warrant. b the first exception to building type 5 has been amended to permit a small detached building to be located up to 1 metre from the flat or maisonette to which it relates so that this is the same exception as in building type 4 which deals with a house. c the exceptions to building type 6 have been amended to cover constructional hearths only. d building type 19 has been amended by extending the exception to ensure escape routes are not compromised with the installation of external decked areas.

3 Schedule 4: a paragraph 2 has been added to provide additional information on the measurement of rooms. b paragraph 4 (a) has been amended to include types 1 and 2 of schedule 3.

4 Schedule 5: a paragraph 1.1 has been amended to ensure that ground conditions and the stability of adjacent buildings are taken into account in the design of a building. b the scope of paragraph 3.11 has been amended to cover the convenience of occupants and visitors and to the provision of facilities for the sustainable drying of washing. c the scope of paragraph 3.12 has been amended to cover more convenient use of sanitary facilities. d the scope of paragraph 3.13 has been extended to permit improved guidance on compliance. e paragraph 3.23 has been amended to cover the fire protection of woody biomass storage and the title of the standard has been changed to suit. f paragraph 3.24 has been amended to cover the sustainable storage of woody biomass and the title of the paragraph has been changed to suit. g the limitations to paragraph 4.1 have been amended to ensure improved accessibility to certain types of dwellings. h paragraph 4.2 has been amended to ensure improved accessibility within domestic buildings. i paragraph 4.8 has been amended to better explain the scope of the guidance provided. j all the paragraphs in section 6 have been amended to take account of improved energy efficiency measures. In particular, paragraph 6.9 is a new paragraph which has been inserted to take into account the requirement for implementation of Article 7.1 and 7.3 of the EPBD in relation to the provision of an Energy Performance Certificate when certain buildings are being constructed. These Regulations were notified in draft to the European Commission and other Member States in accordance with Directive 98/34/EC, as amended by Directive 98/48/EC.

Footnotes

[^f00001]: 2003 asp 8.

[^f00002]: S.S.I. 2004/406.

[^f00003]: S.I. 2005/1082.

[^f00004]: 1965 c. 57.

[^f00005]: 1979 c. 16. Section 1 was amended by the National Heritage Act 1983 ( c.47) Schedule 4, paragraph 25.

[^f00006]: 1960 c. 62.

[^f00007]: 1897 c. 38. Section 73 was amended by the National Health Service ( Scotland) Act 1972 ( c.58) Schedule 6, paragraph 56.

[^f00008]: S.I. 1984/467.

[^f00009]: 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).

[^f00010]: 1961 c. 34.

[^f00011]: 1989 c. 29.

[^f00012]: O.J. L 001, 4.1.2003, p.65–71.

Editorial notes

[^key-2fb04da49253501a3c5b942bc0022183]: Reg. 1 in force at 1.5.2007, see reg. 1

[^key-bc26898109a0d58eccadd36925a3c954]: Reg. 2 in force at 1.5.2007, see reg. 1

[^key-8a69d97aba68a58956fdcd1070dafeb9]: Reg. 3 in force at 1.5.2007, see reg. 1

[^key-831d7a0fe32e071c0513e9e47cec991a]: Reg. 4 in force at 1.5.2007, see reg. 1

[^key-3410eef5bd6ae18055354da67cec9741]: Words in Sch. substituted (28.3.2007) by The Building (Scotland) Amendment Regulations 2007 (S.S.I. 2007/166), regs. 1(1), 2(b)(i)

[^key-fdcb61dc2ffead12589101d979c7b995]: Words in Sch. substituted (28.3.2007) by The Building (Scotland) Amendment Regulations 2007 (S.S.I. 2007/166), regs. 1(1), 2(b)(ii)

[^key-deb9db1cc8ad42f3ecb73bd5785df7e2]: Words in Sch. substituted (28.3.2007) by The Building (Scotland) Amendment Regulations 2007 (S.S.I. 2007/166), regs. 1(1), 2(a), Sch.