A Building Warrant is the legal permission to commence building work (or demolish a building) and is granted by your Council's Building Standards Service.

Building Standards Surveyors in your Council are responsible for Building Warrants.

In assessing your application for a Building Warrant, they must apply the standards set by national Building Regulations.

In Scotland, the requirements are set by the Building Standards (Scotland) Regulations1990(as amended). To meet these regulations, buildings must comply with the Technical Standards.

For larger projects you will probably use an architect or other suitably qualified person who will have the documents. For a small project, your Council's Building Standards Service may be able to explain the impact the standards are likely to have on your building proposal, and it is unlikely you will need to buy a copy.

If you have appointed an architect or other suitably qualified person to prepare plans, the procedures should be known by them, but you will have to ask them to act as your agent to apply on your behalf.

The appointment of an architect is recommended as the plans must be drawn to a recognised metric scale and contain sufficient technical information to confirm compliance with the Building Regulations.

If you are applying yourself, the application forms can be downloaded here or obtained from your Council's Building Standards Service.

The form is the same whether you wish to alter, erect, extend, demolish or change the use of a building. Appropriate plans must also be submitted in support of your application (see question 9).

Many types of building work will require a Building Warrant, including apparently minor works, such as simple alterations to internal walls. Failure to obtain a Building Warrant before undertaking the work could lead to a contravention of the Building Regulations or difficulties when selling the property should you fail to obtain a Building Warrant before undertaking the work.

The following are exempt where the building work is ancillary to a house (but not a flat or maisonette); is not situated on contaminated land and falls into any of the following categories:

A detached garage, garden hut or building for keeping animals, birds or other livestock for domestic purposes, which: is not more than 30 sq. metres floor area; and is not nearer to the house than 1 metre unless it is at least 500 mm from any boundary and does not contain a gas, oil or solid fuel heating appliance.

A carport, covered area, greenhouse, summerhouse, swimming pool enclosure, which: is not more than 30 sq. metres floor area; and does not contain a gas, oil or solid fuel heating appliance; and does not contain sleeping or sanitary accommodation.

A boundary or garden wall not more than 1.2 metres in height or fence not more than 2.0 metres in height above ground level.

A conservatory or porch not more than 8 sq. metres floor area may be exempt, depending on glazing type and other factors.

You should also consult your Council’s Building Standards Service about these and other small extensions before undertaking the proposals.

Repairs of a minor nature.

Replacement windows although consultation with your Council’s Building Standards Service is advised. Please see Guidance - Do you need a Building Warrant.

Replacing or providing sanitary fittings with exception of a new shower or wc.

Sanitary fittings can be replaced or installed within an existing bathroom including providing an additional fitting other that a shower or wc. The fitting a sink in a kitchen where the drain connection is nearby is also permissible. These installations will not require a Building Warrant but it is still advisable to consult the Building Standards Service in all cases.

Installing or altering the position of a gas, oil, solid fuel or fixed electrical heating appliance. A Building Warrant is required however if the heating appliance requires a hearth, chimney, or flue-pipe, or, in a timber-framed building, a balanced flue.

If you are fitting a type of appliance different from the existing, as the hearth, chimney or flue may need to be altered, a warrant will be required.

Installing cavity fill thermal insulation. Please ensure however, that your property is suitable for this application. Some cavity fill material are not approved for areas exposed to driving rain. Check with the company you have approached.

Installing a stairlift within a dwelling.

In all of the above cases you are advised to seek guidance from your Council's Building Standards Service, as there are many features that require careful attention in work of this nature.

If your building project requires planning permission (which is separate from the Building Warrant) neighbour notification is required as part of this process. Your Council can advise you on planning matters.

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 in certain instances.

Information on precautions being taken to ensure the safety of the public during building or demolition works and how the building site will be secured may also be required where the site is open or is located close to an area where public have access.

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

Yes. The level of fee is based on the estimated cost of the work you propose. The current table of fees can be viewed here. The Building Standards Service can advise you of the required fee. Please note however that as the fee is for the lodging of the application and not for the granting of the Building Warrant this is non-refundable should you not proceed woth the proposals.

Building Standards may wish to have the cost of the work verified. If so, it is likely that reference would be made to the Review of Building Prices as published quarterly by the Royal Institute of Chartered Surveyors (RICS). This cost index provides guidance as to what it would normally cost to build different types of building in different areas of the UK. No account can be taken of cost savings through self-build proposals. There may be exemption from fees for certain works specifically for disabled people.

First of all your application is recorded. This allows us to chart its course through the warrant process. Your application will then be assessed by a Building Standards Surveyor to ensure that your proposals show compliance with the requirements of the Building Standards Regulations and Technical Standards.

The time taken to prepare an assessment on a Building Warrant application is on average around four weeks however it is advisable to check with your Building Standards Service as times can vary the nature and presentation of an application obviously influences the speed with which it can be progressed by the Building Standards Service.

The assessment will detail the matters requiring adjustment to your proposals to ensure compliance with the standards. If you are not able to answer all the matters raised, your Building Standards Surveyor may be able to help or you may require to seek advice from building specialists depending upon the nature of your proposals.
It is usual to be given the opportunity to amend or adjust your plans where matters do not comply with the standards and you will be able to arrange this with your Building Standards Officer. If there are matters still requiring adjustment you will be notified and a further assessment will be sent to you.

After your plans have been adjusted or amended to comply with the assessment, they will be re-assessed. If in compliance with the Building Regulations, the application will be granted and the Building Warrant issued.

If you do not amend the plans or obtain a relaxation your application cannot be granted and your Council will require to consider formal refusal unless you withdraw the application and confirm this in writing. Before the local authority refuses the application you will be given the opportunity to be heard. You may appeal to the Sheriff against refusal. A local authority can refuse a warrant if the proposals fail to meet the regulations or, in the case of an existing building, as a result of the proposals, make the building fail to a greater degree.

The issue of a relaxation direction is at the discretion of the local authority and is based on its interpretation of the regulations and the merits of the case. Should an application for relaxation be refused, you have the right of appeal to your Council and to Scottish Ministers.

Forms for relaxation can be downloaded here and are also obtainable from your Council's Building Standards Service who will also advise on making the application. Where your relaxation application has been refused and you wish to appeal to Scottish Ministers, the appeal form should be sent to: Scottish Executive, Development Department, Building Standards Division, Victoria Quay, Leith, Edinburgh EH6 6QQ. No fee is payable for relaxation applications or appeals.

A warrant is valid for three years from the date of granting. If you have started but not completed the work within that time you can apply to the local authority for an extension to the warrant period.

The application for extension must be made before the expiry of your Building Warrant.

Immediately after the Building Warrant has been granted. You are required to let the local authority know:

When you are starting the work; and
When the work has been completed.

Any work done to the drainage must be inspected and tested to be satisfied the work has been properly carried out and the pipes are airtight. The test will require to be witnessed by the Building Standards Service with whom you may wish to discuss arrangements. Work falling within Class 9 of Schedule 2 (fixtures not requiring a warrant) is exempt from this requirement.

Once approved, you can proceed to change your proposals on site. A fee is payable for an application for amendment of Building Warrant and the current table of fees indicates the amount, your Building Standards Service can also advise you of the amount.

You are committing an offence if you occupy or use a new building without having obtained a certificate of completion (or a temporary certificate of occupation where this has been agreed with your Building Standards Service).

It is also an offence to contravene the requirements of the Building Regulations. Your Council can take enforcement action in such circumstances. There are penalties that impose a liability of a maximum fine of £5,000 with an additional fine of £50 per day if the offence continues.

No fee is payable and these forms are usually sent out with your Building Warrant. If they are not, contact Building Standards Service and arrangements will be made to send the forms to you. These forms can be downloaded here.

Building Standards will arrange to inspect the work within fourteen days of receiving an application and either grant the completion certificate or advise you of any matters requiring your attention.