The Building Regulations are the national standards approved by the Scottish Parliament to deal with the acceptable and safe construction of buildings. They consist of objective based functional standards. Guidance on meeting the requirements of the Building Regulations are provided in Technical Handbooks. There are two Technical Handbooks; one for domestic and one for non-domestic properties. These Technical Handbooks contain numerous guidance clauses, split into appropriate sections, giving details of how to meet the mandatory requirements of the Building Regulations. Proposals that follow the guidance clauses contained within the appropriate Technical Handbook will, by default, meet the Building Regulations, and the Council is obliged to issue a Building Warrant for the work if this is evident from the plans and other information submitted with the Building Warrant Application. It is not mandatory to follow the guidance clauses within the Technical Handbooks and other methods of meeting the requirements of the Building Regulations may be possible (e.g. by the use of new and/or innovative materials or designs); provided we agree that they meet the functional objective of the relevant Building Regulation. If you propose to use an alternative solution, prior submitting your Building Warrant Application we would urge you to contact us to arrange a pre-application meeting to discuss this.
What is their purpose and what do they cover?
The Building Regulations set standards for the design and construction of buildings, primarily to ensure the health and safety for people in or around those buildings, but also for energy conservation and access to and about buildings.
If you want to put up a new building, extend or alter an existing one, or provide fittings such as drains or heat producing appliances, the Building Regulations will probably apply. They may also apply if you wish to convert an existing building to a different use. Building Regulation approval is completely separate from planning permission. If you get one, it does not mean you will automatically get the other.
Why comply with the Building Regulations?
It's important to understand the building regulations as you are responsible for making sure that the work complies with them if you are carrying out building work personally. If you are employing a builder, the responsibility to comply with the regulations is still yours and as you will be the person submitting a Completion Certificate. Also bear in mind that if you are the owner of the building it is ultimately you who may be served with an enforcement notice if the work does not comply with the regulations.
All legislation related to Building Standards can be viewed on the Scottish Building Standards web site http://www.scotland.gov.uk/Topics/Built-Environment/Building/Building-standards
Remember that complying with Building Regulations is a separate matter from getting planning permission for your work.
You may also need to notify the Health and Safety Executive (HSE) of your proposal. Please see www.hse.gov.uk/construction/cdm/buildingcontrol.htm for further information.
