The Building (Scotland) Amendment Regulations 2015

Made: 27th May 2015

Laid before the Scottish Parliament: 29th May 2015

Coming into force in accordance with regulation 1(2) and (3)

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

Citation and commencement

1

• (1) These Regulations may be cited as the Building (Scotland) Amendment Regulations 2015.

• (2) These Regulations (other than regulations 3 and 4) come into force on 9th July 2015.

• (3) Regulations 3 and 4 come into force on 1st October 2015.

Amendment of the Building (Scotland) Regulations 2004 – 9th July 2015

2

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

• (2) In Schedule 5 (building standards applicable to design and construction), in the limitation to the standard contained in paragraph 6.9 (energy performance certificates), in sub-paragraph (b)(i)[^f00004] for “500” substitute “250”.

Amendment of the Building (Scotland) Regulations 2004 – 1st October 2015

3

• (1) The Building (Scotland) Regulations 2004 are amended in accordance with paragraph (2).

• (2) In Schedule 5, in the limitation to the standard contained in paragraph 6.3 (heating system)[^f00005] omit sub-paragraph (c) and “or” immediately preceding that sub-paragraph.

Transitional provision

4

The amendments made by regulation 3 do not apply to work which, by virtue of regulation 5 of and Schedule 3 to the Building (Scotland) Regulations 2004, does not require a building warrant if that work is—

• (a) completed before 1st October 2015; or

• (b) not completed before that date and—

• (i) the contract for the work is entered into before 1st October 2015; and

• (ii) the work is completed before 31st January 2016.

Signed

MARCO BIAGI — Authorised to sign by the Scottish Ministers — 27th May 2015

Explanatory note

(This note is not part of the Regulations)

EXPLANATORY NOTE

These Regulations amend the Building (Scotland) Regulations 2004 (“the 2004 Regulations”).

Regulation 2 amends Schedule 5 to the 2004 Regulations with effect from 9th July 2015 to provide that standard 6.9 (which requires an energy performance certificate to be displayed in a prominent place within certain buildings) applies to public buildings with a floor area of more than 250 square metres, in implementation of Article 13 of Directive 2010/31/EU of the European Parliament and of the Council of 19th May 2010 on the energy performance of buildings (recast) (OJ L 153, 18.6.2010 p.13).

Regulation 3 amends Schedule 5 to the 2004 Regulations with effect from 1st October 2015 to remove paragraph (c) from the limitation to standard 6.3. This is subject to the transitional provisions in regulation 4.

Footnotes

[^f00001]: 2003 asp 8. Section 24 was relevantly amended by paragraph 22 of schedule 6 to the Housing (Scotland) Act 2006 (asp 1).

[^f00002]: Section 1(2) was amended by section 6(2) of the Public Services Reform (Scotland) Act 2010 (asp 8).

[^f00003]: S.S.I. 2004/406.

[^f00004]: Sub-paragraph (b) was substituted by S.S.I. 2012/209.

[^f00005]: Paragraph 6.3 was substituted by S.S.I. 2006/534.