The Building (Self-Certification of Structural Design) (Scotland) Regulations 1992

Made: 28th July 1992

Laid before Parliament: 12th August 1992

Coming into force: 1st November 1992

The Secretary of State, in exercise of the powers conferred on him by sections 2(4), 6AA(2), 24(1) and 29(1) of, and paragraph 1 of Schedule 3 to, the Building (Scotland) Act 1959([^f00001]) and of all other powers enabling him in that behalf, hereby makes the following Regulations:

Citation, commencement and interpretation

1

• (1) These Regulations may be cited as the Building (Self-Certification of Structural Design) (Scotland) Regulations 1992 and shall come into force on 1st November 1992.

• (2) In these Regulations—

• “the Act” means the Building (Scotland) Act 1959;

• “building standards regulations” means the Building Standards (Scotland) Regulations 1990([^f00002]);

Part of building standards regulations in relation to which certificate may be submitted

2

Regulation 11 of the building standards regulations is hereby prescribed as the part of those regulations in relation to which a certificate under section 6AA of the Act may be submitted.

Persons entitled to issue certificate

3

A certificate under section 6AA of the Act may be issued by a person who—

• (a) is a full member of the Institution of Civil Engineers, or a corporate member of the Institution of Structural Engineers or is authorised by the appropriate designated authority in accordance with the European Communities (Recognition of Professional Qualifications) Regulations 1991([^f00003]) to practise the profession of chartered civil engineer or chartered structural engineer in the United Kingdom;

• (b) produces to the local authority adequate documentary evidence that he meets the criteria specified in paragraph (a) above; and

• (c) has himself prepared the necessary design calculations in respect of the building in question or is satisfied that such calculations have been properly prepared.

Amendment of Building (Procedure) (Scotland) Regulations 1981

4

At the end of regulation 9(1) of the Building (Procedure) (Scotland) Regulations 1981([^f00004]) (making application for warrant) there shall be added the following proviso:—

• Provided further that where a certificate issued under section 6AA of the Act certifying compliance of the design of the building with regulation 11 of the building standards regulations is submitted along with the application for a warrant the plan section and elevation referred to in paragraph 1 of Section A of Schedule 1 need not show the details of calculation of loading and strength.

Amendment of the Building (Forms) (Scotland) Regulations 1991

5

The Schedule to the Building (Forms) (Scotland) Regulations 1991([^f00005]) shall be amended as follows:—

• (a) for Form 4 (Application for Building/Demolition/Change of Use Warrant) there shall be substituted Form 4 set out in the Schedule to these Regulations; and

• (b) there shall be inserted as Forms 4A and 4B (Structural Design Certificates new and existing buildings) Forms 4A and 4B set out in that Schedule.

SCHEDULE — INDEX OF PRESCRIBED FORMS

Signed

James Douglas-Hamilton — Parliamentary Under Secretary of State, Scottish Office — 28th July 1992

Explanatory note

(This note does not form part of the Regulations)

Section 6AA of the Building (Scotland) Act 1959 enables an applicant for building warrant under section 6 of the Act to submit with his application a certificate issued by a prescribed person certifying that the design of the building complies with prescribed provisions of the building standards regulations. Such a certificate must be accepted by the local authority as conclusive of the facts to which it relates.

These Regulations prescribe—

• (a) regulation 11 of the Building Standards (Scotland) Regulations 1990, dealing with structure, as a provision in relation to which a certificate may be submitted (regulation 2); and

• (b) as persons entitled to issue such certificates, suitably qualified civil and structural engineers who have themselves prepared the necessary design calculations or are satisfied that such calculations have been properly prepared (regulation 3).

Regulation 4 amends the Building (Procedure) (Scotland) Regulations 1981 in relation to the plans and specifications required to be lodged with an application for building warrant where a design certificate is also being submitted. Regulation 5 makes consequential amendment to the Building (Forms) (Scotland) Regulations 1991 by substituting Form 4 (application for warrant) and inserting new Forms 4A and 4B (structural design certificates).

Footnotes

[^f00001]: 1959 c. 24; section 2(4) was substituted by the Local Government (Scotland) Act 1973 (c. 65), Schedule 15, paragraph 3(b); section 6AA was added by the Housing (Scotland) Act 1986 (c. 65), section 19(4); paragraph 1 of Schedule 3 was amended by the Local Government (Scotland) Act 1973, Schedule 15, paragraph 1; section 29(1) contains a definition of “prescribed” relevant to the exercise of the statutory powers under which these Regulations are made.

[^f00002]: S.I. 1990/2179.

[^f00003]: S.I. 1991/824.

[^f00004]: S.I. 1981/1499; relevant amending instrument is S.I. 1991/159.

[^f00005]: S.I. 1991/160.