1. WHAT IS A BUILDING WARRANT?
A building warrant is the legal permission to commence building work, convert or demolish a building.

Verifiers are responsible for issuing building warrants. In assessing your application for a warrant, they must apply the standards set by the Building (Scotland) Regulations 2004.

2. WHAT ARE THE BUILDING REGULATIONS?
They are legal requirements laid down by the Scottish Parliament that are intended to provide reasonable standards for the purpose of securing the health, safety, welfare and convenience of people in and around buildings, for conserving fuel and power and for furthering the achievement of sustainable development. The requirements are set by the Building (Scotland) Regulations 2004. The guidance contained in the Technical Handbooks, for domestic and non-domestic buildings will assist you to comply with the Regulations.

3. WHERE CAN I GET A COPY OF THE BUILDING (SCOTLAND) REGULATIONS 2004 AND THE TECHNICAL HANDBOOKS?
From most good bookshops as listed on this website. Also they may be available for inspection in main libraries. You may view or download the Technical Handbooks on the sbsa website free of charge.

For larger projects you will probably use an architect or other suitably qualified person who will be conversant with the guidance in the Handbooks. For a small project the verifier will be able to explain what impact the mandatory standards are likely to have on your building proposal and you may not need to obtain a copy.

4. HOW DO I OBTAIN A BUILDING WARRANT?
Apply to a verifier. At present that is your local authority building standards department.

If you have appointed an architect, or other suitably qualified person to prepare plans, the procedures should be known by them, and you can ask them to act as your agent to apply on your behalf. This is recommended as the best course for people not experienced in building work.

If you are applying yourself, the application forms can be obtained from your verifier.

The form is the same whether you wish to alter, erect, extend, demolish or convert. Appropriate plans must also be submitted (see '10. What should be shown on the plans supporting my warrant application?').

5. WHAT KIND OF BUILDING WORKS ARE COVERED BY THE BUILDING (SCOTLAND) REGULATIONS 2004?
The Building (Scotland) Regulations 2004 apply to the construction of new buildings, alterations and extensions to existing buildings, demolition of buildings and to the conversion of buildings.

Some of the work you intend to undertake, such as apparently simple alterations to internal walls, may not appear to require a building warrant but could lead to a contravention of the building regulations or could have implications for adjacent property. It is therefore always advisable to seek professional advice and to consult the verifier before going ahead with any proposal affecting your property.

6. WHAT IS A CONVERSION?
A conversion is a specified change of occupation or use of a building which will cause the Building (Scotland) Regulations 2004 to apply, for example changing a loft space from storage use to an apartment or a garage into a bedroom. For anything more complex it is likely that professional advice will be required and Schedule 2 in section 0 of the Technical Handbooks lists 10 specific types of work defined as a conversion. If you are in doubt you should seek advice from the verifier. Please note that a building warrant is required for a conversion even if no building work is carried out.

7. IS THERE ANY BUILDING WORK THAT IS EXEMPTED FROM THE REQUIREMENTS OF THE BUILDING (SCOTLAND) REGULATIONS 2004?
Yes. Certain broad categories of buildings are exempt, and the full list is included in schedule 1 in section 0 of the Technical Handbooks. If you are not sure, you should seek advice from a professional or the verifier. The following is a summarised section covering small scale buildings and building work associated with house, flats or maisonettes that are exempt from the building regulations.

a) A detached single-storey building, with a floor area not more than 8 m2, ancillary to and within the curtilage of a house, that:

b) A detached single-storey building, with a floor area not more than 8 m2, ancillary to and within the curtilage of a flat or maisonette that:

c) A single-storey conservatory or porch with a floor area of not more than 8 m2 that is attached to an existing house, and:

d) A single-storey greenhouse, carport or covered area each with a floor area not more than 30 m2 that is detached or attached to and existing house and:

f) A paved area or hardstanding not more than 200 m2 in area that:

8. IS THERE ANY TYPE OF BUILDING WORK THAT DOES NOT NEED A WARRANT?
Yes. Provided that the regulations are complied with, the following building work does not require a warrant (the full list is in schedule 3 in section 0 of the Technical Handbook):

The following work also does not require a warrant provided that the existing standard is maintained. In other words the replacement or repair work does not make the service fitting or equipment worse than it was before:

9. DO I NEED TO INFORM MY NEIGHBOURS WHEN I MAKE APPLICATION FOR WARRANT AND DO THEY HAVE THE RIGHT TO OBJECT TO THE WORKS SHOWN IN MY APPLICATION?
No. However, a warrant only shows compliance with the Building (Scotland) Regulations 2004. Where the proposed building work is likely to affect or involve a mutual part of a building, you may have other legal obligations. It is advisable to inform any affected party.

Note also that if you need planning permission for the work (which is separate from the building warrant) neighbour notification is required. Your local authority can advise you on planning matters.

10. WHAT SHOULD BE SHOWN ON THE PLANS SUPPORTING MY WARRANT APPLICATION?
The plans should give sufficient information to indicate clearly the location and nature of your proposals and how they relate to any adjoining or existing building. The type of materials and products being used, the size of rooms, the position of appliances proposed, and drainage details are needed. Structural design calculations and an energy rating may be required.

Information on precautions being taken for the safety of the public during building or demolition works, and keeping a building site secure, may also be required.

The information required can be complex and it may be advisable to contact your verifier who, on having your proposals explained to them, will be able to give you full advice on the requirements applicable.

11. IS A CHARGE MADE FOR THE WARRANT SERVICE?
Yes. The level of fee is based on the estimated value of the work you propose. The verifier will advise you of the required fee. An indication of the fee is shown in the table of fees in the Procedural Handbook available from the verifier or on this website. Please note that the fee is for the application and not for the issue of warrant.

The verifier may wish to have the value of the work checked or confirmed. If so, it is likely that reference would be made to established indices of building costs, for example those provided by the Royal Institute of Chartered Surveyors (RICS). This records what it normally costs to build different types of building in different areas.

(Discounts of refunds apply if you use an approved certifier: see 24. What is an Approved Certifier?)

There is no fee for works to alter or extend the dwelling of a disabled person provided the works are solely for the benefit of that person.

12. WHAT HAPPENS AFTER I HAVE SUBMITTED MY WARRANT APPLICATION TO THE VERIFIER?
First of all your application is recorded on the building standards register. This allows the verifier or any interested party to chart its course through the warrant process.

Your application will then be assessed against the requirements of the Building (Scotland) Regulations 2004. The guidance contained in the Technical Handbooks will help the assessment your plans.

Only the verifier in your area can advise accurately on the time taken to prepare an assessment on a warrant application. However the average time is around four weeks, but it could be longer for complex buildings. The nature and clarity of presentation of an application obviously influences the speed with which it can be progressed by the verifier.

If any adjustment is required to be made to your proposals the verifier will produce an assessment of where your submission does not comply. If you are not able to answer all the matters raised, the verifier may be able to help, or you may require to seek advice from building specialists, depending upon the nature of your proposals.

The procedures for the adjustment of plans differ between verifiers but, generally speaking, you will be able to discuss the assessment with your verifier and arrange to have the plans amended.

After your plans have been adjusted or amended to comply with the assessment, they will be re-assessed. If the plans comply with the regulations, the warrant will be issued.

If you do not amend your plans your application cannot be processed further and the verifier will require to consider formal refusal. Before a verifier refuses an application you will be given the opportunity to resolve any outstanding matters. If there is genuine doubt over whether an application will comply, you may, with the agreement of the verifier, seek a view from SBSA (see 13. How do I obtain a view from the Scottish Ministers?). The verifier must have due regard to that view. However, if your building warrant is refused by the verifier, you can appeal against this decision to the Sheriff Court.

13. HOW DO I OBTAIN A VIEW FROM THE SCOTTISH MINISTERS?
Definitive interpretation of the Building (Scotland) Regulations 2004 is the responsibility of the verifier and ultimately a matter for the Courts to decide. However, the Scottish Ministers can give a view on the extent to which proposed building work complies with the regulations.

Either the applicant or the verifier may choose to request a formal view. The Ministers will only give a view if they ‘think it fit’. They will not usually give a view if only one party seeks to approach the SBSA (which acts on behalf of the Ministers). This process is not an unofficial appeal system, but to clarify a genuine doubt about what meets the regulations.

A referral for a view should be emailed or faxed to the SBSA. The agency will reply stating whether or not they are prepared to give a view, what the fee is and when a response will be given. The referral need only provide minimum information and drawings, further details may be requested if necessary.

A view is sent to both verifier and applicant and the verifier is required to have regard to it. The verifier is invoiced for the fee. If it considers it useful, the agency may publish views on the website.

14. HOW DO I MEET THE REQUIREMENTS OF THE BUILDING (SCOTLAND) REGULATIONS 2004?
The new system differs from the previous one in that the number of mandatory requirements have been drastically reduced and are written in a way that allows more flexibility in interpretation of the Building (Scotland) Regulations 2004. The Technical Handbooks provide extensive guidance on ways to comply that will be suitable for most building projects. It is the responsibility of the verifier to interpret the requirements of the regulations, and if you have any doubts regarding your application for a building warrant you should discuss them with the verifier.

15. FOR HOW LONG IS A WARRANT VALID?
A warrant is valid for three years from the date of issue. If you have started but not completed the work within that time you can apply to the verifier for an extension to the warrant period. The application for extension must be made before the expiry of your warrant.

16. WHAT HAPPENS AFTER THE WARRANT HAS BEEN ISSUED?
Immediately after the warrant has been issued you may start work. You are required to let the verifier know when you are starting work. You will need to inform the verifier at certain stages of construction to allow the verifier the option of inspecting or attending tests, such as at drainage installation. You must inform the verifier when all the work is completed (see 20. What happens when my building work is finished?).

17. IS MY BUILDING WORK SUBJECT TO INSPECTION WHILST IN PROGRESS?
Your verifier may inspect while work is in progress to check that the warrant is being complied with. However, the verifier is not responsible for checking the quality of work done or supervising the builders employed. Supervision of the building work should be the responsibility of your architect or other person appointed by you for that purpose.

The verifier does not inspect work that is to be covered by an approved certifier of construction (see 24. What is an Approved Certifier?).

18. WHAT HAPPENS IF I DEPART FROM THE PLANS APPROVED?
You should discuss in advance with the verifier any changes to your warrant proposals before carrying these out.
A formal amendment to your warrant can be sought at any time during the period of the validity of the warrant. An amendment application follows the same procedures as the initial application. The plans require to show the changes you wish to make. Once approved, you can proceed on site with the change to your proposals. A fee is payable for an application for amendment of warrant and the verifier will advise you of the amount.

If any part of the original application is certified by an Approved Certifier of Design, you must ask the certifier to check the changes and re-certify if they comply with the regulations (see 24. What is an Approved Certifier?).

19. WHAT HAPPENS IF I CONTRAVENE THE REGULATIONS?
You are committing an offence if you start work, without a warrant, on work that requires a building warrant. It is also an offence to contravene the requirements of Building (Scotland) Regulations 2004.

You are committing an offence if you occupy or use a new building without first having submitted a completion certificate and it being accepted by the verifier. The exception is if you receive permission from the verifier for the temporary occupation or use of the building for a specified time.

The local authority can take enforcement action in each instance. Contravention of the regulations can incur a maximum fine and an additional daily fine if the offence continues (£5,000 with an additional fine of £50 per day as at 18 October 2004).

20. WHAT HAPPENS WHEN MY BUILDING WORK IS FINISHED?
It is your responsibility (as the relevant person) to submit a completion certificate on the appropriate form. A completion certificate is needed to confirm that a building has been constructed, altered or converted in accordance with the warrant and the Building (Scotland) Regulations 2004. It is an offence to submit a false completion certificate or to occupy a building without a completion certificate being accepted by the verifier.

The verifier must make reasonable inquiry to establish that the work complies with the warrant. If satisfied that the work complies, a verifier must accept a completion certificate. The verifier must give acceptance, or refusal (with reasons) within 14 days.

21. IF WORK HAS BEEN CARRIED OUT TO MY PROPERTY AT SOME TIME IN THE PAST, HOW DO I KNOW IF A BUILDING WARRANT HAS BEEN ISSUED?
From 1st May 2005 local authorities must keep a building standards register for its geographical area. The register contains information freely available to all on:

Any certificates from approved certifiers of design or construction submitted with warrants and completion certificates, any conditions relating to the issue of warrants, and any continuing requirements (see 23. Does the local authority and verifier have any other responsibilities?) imposed by warrant must be kept as a permanent record.

Other records such as the principal drawings and specifications, enforcement notices, and other relevant documentation are kept normally for 25 years.

Note that for warrants issued prior to 1st May 2005 your local authority will have records that can be made available to you.

22. IF WORK HAS BEEN CARRIED OUT TO MY PROPERTY AND I DO NOT HAVE A BUILDING WARRANT, WHAT SHOULD I DO?
Where work for which a warrant is required has started without a warrant, an application for a warrant may be made at any time before a completion certificate has been accepted for the building. This is a way of regularising the situation, but it does not remove the fact that an offence has been committed. Importantly, the standards that apply to a late application are those at the time of application, not when the building started, so changes may be required even to complete the work if it does not meet the relevant standards. Full drawings are required, as for a normal warrant application. If construction is well advanced, the verifier may request parts to be exposed so that adequate checks can be made, and a higher fee is charged to cover such difficulties. This process is not intended to be a penalty (which would arise from any action in relation to the offence) but is necessary to allow proper consideration of the work.

Where work requiring a warrant has been carried out without a warrant you do not have to do anything. If however you are selling your property and have been asked to produce a completion certificate, you will have to submit one. The certificate may only be accepted if it confirms that the work complies with the standards as they apply at the time of the submission of the certificate. Such submissions must provide plans and specification details equivalent to those for a warrant application so that the verifier can adequately assess whether to accept the completion certificate. A fee will also be levied equivalent to a late application for a building warrant.

23. DOES THE LOCAL AUTHORITY AND VERIFIER HAVE ANY OTHER RESPONSIBILITIES?
Yes. The local authority has powers to protect the safety of the public and persons frequenting buildings. If a building is found to be dangerous, or reported to the local authority as being dangerous, the local authority can immediately take appropriate action to safeguard the occupants and passers-by.

Repairs may be enforced by the local authority where faults are likely to cause deterioration to a building or adjacent building(s).
On occasion, in order to be satisfied that the purpose of Building (Scotland) Regulations 2004 will not be frustrated, for example by some change that is liable to happen unless care is taken to prevent it, a verifier will impose some continuing requirement, for example when issuing a warrant or accepting a completion certificate. Such a requirement imposes on the building owner a duty that must be fulfilled after the building is complete. A typical example is where the acceptance of a moveable platform for cleaning windows requires that adequate access continues to be provided. Generally continuing requirements relate to activities or actions happening to a building element, not the building element itself.

24. WHAT IS AN APPROVED CERTIFIER?
Approved certifiers have government approval to certify that the design or construction complies with the Building (Scotland) Regulations 2004.

When you use an approved certifier to certify design or construction you will get the reassurance that your application or completion certificate complies with building regulations. The application should take less time to process because the verifier only needs to confirm the approved certifier’s registration. You will also get a discount on the warrant fee if you use an approved certifier of design, but the certifier will charge you for the certificate. You will also get a small refund if you use an approved certifier of construction to certify work for the completion certificate, provided you notify the verifier before the start of work on site.

A register of approved certifiers will be kept by the SBSA and can be accessed on the agency website. The register contains details of the matters which the certifiers are authorised to deal with.

25. CAN I GET GENERAL ADVICE ON BUILDING MATTERS FROM LOCAL AUTHORITY BUILDINGS STANDARDS OFFICES?
It is suggested that you contact your verifier for help and advice on matters concerning the condition of your building or changes you wish to consider making to your building.

Provided below is list of local authority building standards departments:

LOCAL AUTHORITY BUILDING STANDARDS DEPARTMENTS

Aberdeen City Council
01224 523470

Aberdeenshire Council
Kincardine & Mearns 01569 768300
Marr 01330 822878
Garioch 01467 620981
Formartine 01358 726429
Banff & Buchan 01261 813200
Buchan 01779 477363

Angus Council
01307 473411

Argyll and Bute Council
HQ - Lochgilphead 01546 604115
Area Offices
Bute & Cowal 01369 708606
Helensburgh & Lomond 01436 658882
Mid Argyll, Kintyre & Islay 01546 604070
Oban, Lorne & The Isles 01631 567950

City of Edinburgh Council
North 0131 529 4644
South 0131 529 4655

City of Glasgow Council
0141 287 5703/5937

Clackmannanshire Council
01259 452560

Dumfries and Galloway Council
Area Offices
Stranraer 01776 888414
Castle Douglas 01556 502351
Dumfries 01387 260122
Lockerbie 01576 205046

Dundee City Council
01382 433320

East Ayrshire Council
Area Offices
Kilmarnock 01563 576778
Lugar 01563 555309

East Dunbartonshire Council
Milngavie 0141 578 8842

East Lothian Council
01620 827216

East Renfrewshire Council
0141 577 3050

Falkirk Council
01324 504950

Fife Council
Area Offices
Cupar 01334 412806
Dunfermline 01383 609120
Kirkcaldy 01592 412900

Highland Council
Area Offices
Dingwall 01349 864991
Dornoch 01862 812042
Fort William 01397 707015
Kingussie 01540 661700
Inverness 01463 720606
Nairn 01667 452757
Portree 01478 612412
Wick 01955 607751

Inverclyde Council
01475 712406

Midlothian Council
0131 2713324

Moray Council
01343 563243

North Ayrshire Council
01294 324300

North Lanarkshire Council
Area Offices:
HQ – Northern Area (Cumbernauld) 01236 616448
Central Area (Coatbridge) 01236 812380
South (Motherwell) 01698 302278

Orkney Islands Council
01856 873535

Perth and Kinross Council
Perth 01738 475300
Area Offices:
Blairgowrie 01250 877017
Crieff 01764 657553
Kinross 01577 867607
Pitlochry 01796 474909

Renfrewshire Council
HQ (Paisley) 0141 842 5878
Area Offices
Renfrew 0141 886 2004
Johnstone 01505 331458

Scottish Borders Council
01835 825069

Shetland Islands Council
01595 744800

South Ayrshire Council
01292 616253/616254/616656

South Lanarkshire Council
Area Offices
Clydesdale 01555 673236
East Kilbride 01355 806275
Hamilton 01698 453555
Rutherglen/Cambuslang 0141 613 5165

Stirling Council
01786 825060

West Dunbartonshire Council
01389 737000

West Lothian Council
01506 775222

Comhairle nan Eilean Siar
Area Offices
Stornoway 01851 703773
Balivanich 01870 602425