LegalizeThe Building (Fees) (Scotland) Amendment Regulations 2024
Made: 7th February 2024
Laid before the Scottish Parliament: 9th February 2024
Coming into force: 1st April 2024
The Scottish Ministers make the following Regulations in exercise of the powers conferred by section 38 of the Building (Scotland) Act 2003[^f00001] and all other powers enabling them to do so.
Citation and commencement
1
These Regulations may be cited as the Building (Fees) (Scotland) Amendment Regulations 2024 and come into force on 1 April 2024.
Amendment of the Building (Fees) (Scotland) Regulations 2004
2
- (1) The Building (Fees) (Scotland) Regulations 2004[^f00002] are amended in accordance with paragraphs (2) to (5).
- (2) For the table in Part 1 of the schedule substitute—
| Where work has not already started | |
|---|---|
| 1. Application for warrant (including issue of warrant) for the construction of a building or the provision of services, fittings or equipment in connection with a building (whether or not combined with an application for conversion or an application for demolition) | |
| where the estimated value of the work does not exceed £5,000— | £200 |
| where the estimated value of the work exceeds £5,000 but does not exceed £10,000 | |
| the sum of | £200 |
| plus (ii) for every additional £500 or part thereof exceeding £5,000 | £19 |
| where the estimated value of the work exceeds £10,000 but does not exceed £20,000— | |
| the sum of | £390 |
| plus (ii) for every additional £1,000 or part thereof exceeding £10,000 | £22 |
| where the estimated value of the work exceeds £20,000 but does not exceed £100,000— | |
| the sum of | £610 |
| plus (ii) for every additional £10,000 or part thereof exceeding £20,000 | £71 |
| where the estimated value of the work exceeds £100,000 but does not exceed £500,000— | |
| the sum of | £1,178 |
| plus (ii) for every additional £20,000 or part thereof exceeding £100,000 | £117 |
| where the estimated value of the work exceeds £500,000 but does not exceed £1,000,000— | |
| the sum of | £3,518 |
| plus (ii) for every additional £50,000 or part thereof exceeding £500,000 | £202 |
| where the estimated value of the work exceeds £1,000,000— | |
| the sum of | £5,538 |
| plus (ii) for every additional £100,000 or part thereof exceeding £1,000,000 | £287 |
| 2. Application for warrant for conversion only | £200 |
| 3. Application for warrant for demolition only | £200 |
| 4. Application for amendment of warrant— | |
| for additional work whose estimated value exceeds £5,000 | The fee calculated in accordance with paragraph 1 but in respect of the additional estimated value of that work only |
| for additional work where no additional estimated value is involved, the estimated value decreases or the increase in the estimated value does not exceed £5,000 | £150 |
| 5. Application for an amendment to warrant for demolition only or conversion only. | £150 |
| 6. Application for an extension to warrant. | £150 |
| After work has already started | |
| 7. Application (after work has already started) for— | |
| a warrant (including issue of warrant) for the construction of a building or the provision of services, fittings or equipment in connection with the erection of a building (whether or not combined with an application for demolition) | 200% of the fee calculated in accordance with paragraph 1 |
| a warrant for demolition only | £250 |
- (3) For the table in Part 2 of the schedule substitute—
| Submission of a completion certificate where no warrant granted | |
|---|---|
| 8. Submission of a completion certificate where no warrant granted for— | |
| the construction of a building or the provision of services, fittings or equipment (whether or not combined with an application for conversion or for demolition ) | 300% of the fee calculated in accordance with paragraph 1 of Part 1 |
| the demolition of a building only | £400 |
| the conversion of a building only | £400 |
| work carried out by a local authority where it has done so in respect of— | |
| a building regulations compliance notice in terms of section 25(8) of the Act; | nil |
| a continuing requirement enforcement notice in terms of section 26(3) of the Act; | nil |
| a building warrant enforcement notice in terms of section 27(7) of the Act; | nil |
| a defective building in terms of section 28(11) of the Act; | nil |
| a dangerous building in terms of section 30(5) of the Act | nil |
- (4) For the table in Part 3 of the schedule substitute—
| Discounts under regulation 5(3)(a) and 6(3)(a) | |
|---|---|
| 9. Application for warrant, application for amendment of a building warrant and submission of a completion certificate where no building warrant granted— | |
| where the estimated value of the work does not exceed £5,000 | £40 |
| where the estimated value of the work exceeds £5,000 but does not exceed £10,000 | £50 |
| where the estimated value of the work exceeds £10,000 but does not exceed £15,000 | £60 |
| where the estimated value of the work exceeds £15,000 but does not exceed £20,000 | £70 |
| where the estimated value of the work exceeds £20,000 but does not exceed £50,000 | £90 |
| where the estimated value of the work exceeds £50,000 but does not exceed £100,000 | £110 |
| where the estimated value of the work exceeds £100,000 | 10% of the fee calculated in accordance with paragraph 1 of Part 1 |
| 10. Application for warrant for conversion only | nil |
| 11. Application for warrant for demolition only | nil |
| 12. Application for amendment to warrant for demolition only or conversion only | nil |
- (5) For the table in Part 4 of the schedule substitute—
| Discounts under regulation 5A(3) and 6A(2)(b) | |
|---|---|
| 13. Application for warrant, application for amendment of a building warrant and submission of a completion certificate where no building warrant granted— | |
| where the estimated value of the work does not exceed £5,000 | £20 |
| where the estimated value of the work exceeds £5,000 but does not exceed £10,000 | £20 |
| where the estimated value of the work exceeds £10,000 but does not exceed £15,000 | £25 |
| where the estimated value of the work exceeds £15,000 but does not exceed £20,000 | £30 |
| where the estimated value of the work exceeds £20,000 but does not exceed £50,000 | £35 |
| where the estimated value of the work exceeds £50,000 but does not exceed £100,000 | £40 |
| where the estimated value of the work exceeds £100,000 | 3% of the fee calculated in accordance with paragraph 1 of Part 1 |
| 14. Application for warrant for conversion only. | nil |
| 15.Application for warrant for demolition only. | nil |
| 16.Application or amendment to warrant for demolition only or conversion only. | nil |
Signed
PATRICK HARVIE — Authorised to sign by the Scottish Ministers — 7th February 2024
Explanatory note
(This note is not part of the Regulations)
EXPLANATORY NOTE
These Regulations amend the Building (Fees) (Scotland) Regulations 2004 (“the Fees Regulations”).
Regulation 2 makes changes to the building warrant application fees and completion certificate submission fees payable under regulation 3 of the Fees Regulations. It substitutes new tables for those in the schedule to the Fees Regulations specifying the increased fees and discounts applying to those fees.
Footnotes
[^f00001]: 2003 asp 8.
[^f00002]: S.S.I. 2004/508 as relevantly amended by S.S.I. 2017/188.
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