West Lothian Council delivers

Are there any types of building work that are exempt from 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 an independent professional or the verifier.

Can I occupy premises before receiving my Certificate of Completion?

It is an offence to occupy a building which has not had a Completion Certificate accepted. Under exceptional circumstances the Council can issue a Certificate of Temporary Occupation for a limited period.

Can I start work on my building before obtaining a Building Warrant?

No you cannot start work on your building until you have obtained the building warrant. It is not enough to have simply applied for the warrant, as there is no guarantee that you will be granted it. It is therefore a legal requirement that you have proof of approval - in the form of your building warrant - before starting any building works.

Can I submit my own application for a Building Warrant?

Unless you are familiar with the requirements of the Building Regulations you are STRONGLY advised to engage the services of a suitably qualified agent to apply for your building warrant.

Do I need to inform my neighbours when I make my application for a warrant and do they have the right to object to works shown in my application?

No, you do not have to inform your neighbours that you are applying for a warrant. 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 and neighbourly 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 planning authority can advise you on planning matters.

How can I get a Building Warrant?

Apply to your Verifier to obtain a Building Warrant. 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.

How long is a building warrant valid for after it has been issued?

A building 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.

If I wish to appeal against a decision I have received for my building warrant application, how do I obtain a view from the Scottish Ministers?

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. You - the applicant - will have to pay the fee.

If work has been carried out on my property sometime in the past, how can I find out if a building warrant was 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: applications for warrants and amendments to warrants, decisions on applications, submissions on completion certificates, decisions on acceptance or refusal. 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 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. Please note that for warrants issued prior to 1st May 2005 your local authority will have registers that can be made available to you. You may wish to examine these registers to establish if a warrant was obtained.

If work has been carried out on my property, and I do not have a building warrant, which can 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 before the building warrant is issued, 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 and if you are selling your property and have been asked to produce a completion certificate, you will have to submit one to the verifier. 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.

Is it necessary to obtain a Certificate of Completion when my building work is finished.

Yes. You should complete and return to your local authority an application for a certificate of completion, together with a certificate of compliance for the electrical installation where appropriate. You cannot occupy the building until you have the Certificate of Completion.

Is my building 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.

Is there a charge for the building warrant service?

Yes, there is a fee to apply for a building warrant (this fee is not for the issue of a warrant). The level of fee is based on the estimated value of the work you propose. The verifier will advise you of the required fee.The value of the work means the expenditure, before VAT is incurred, which the applicant would incur were the works carried out for the applicant by a third party in the course of an ordinary commercial transaction. 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. 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.

What are the Building Regulations?

Building Regulations 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.

What can happen if I carry out building works without a Building Warrant?

As you would be in breach of the legislation, you risk action being taken against you. There is a procedure if the work is not finished, to apply for a late application. The procedure is the same as for a building warrant where work has not started. There is also a procedure for submitting a late certificate of completion when the work has been completed. In both instances a 25% premium on the basic fee is payable.

What constitutes a contravention of the Building (Scotland) Regulations 2004, and what happens if I do contravene these 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).

What do I do after the Building Warrant has been granted?

Once you have received your approved Building Warrant you may start work but the Building Control Section must be informed within seven days of work beginning on site. It is also a requirement that you arrange for drain tests or drain inspections prior to both backfilling and upon completion. Other routine inspections, dependent on the complexity of the project and resources available, will also be made. If defects in terms of the Building Regulations are noted, the Agent/Applicant will be informed so that steps can be taken to remedy them.

What do I do if I want to make changes to the proposals I have set out under my Building Warrant?

Deviations from the approved plans can be made by submitting an application for an amendment to warrant. An additional fee will be payable.

What happens after I have submitted my building 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 in the assessment of your plans.

What happens after the building warrant has been issued?

Assuming you have obtained any other permissions required for the proposed works, immediately after the building warrant has been issued, you may start work. You must let the verifier know (in writing) 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

What happens if I cannot comply with a Regulation?

You might be able to apply for a dispensation or relaxation of a particular building regulation with which you are unable to comply. An application form for a relaxation of the Building Regulations can be obtained from the Building Standards Service.

What happens if I want to deviate from the plans that have been 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 (this assumes that you have obtained any other permission required). 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

What happens when my building work is finished?

When your 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.

What is a building warrant?

A building warrant is the legal permission to commence building work, convert or demolish a building.

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.

What is a Verifier?

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.

What is an Approved Certifier?

Approved certifiers have government approval to certify that the design or construction of a building complies with the Building (Scotland) Regulations 2004. A register of approved certifiers will be kept by the SBSA and can be accessed on the agency website. The register also contains details of the matters which the certifiers are authorised to deal with.

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.

What should be shown on the plans that I submit in support of 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. You may also require structural design calculations or alternatively a certificate from an approved certifier of design 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 seek independent professional advice or to contact your verifier who, on having your proposals explained to them, will be able to give you full advice on the requirements applicable.

When can I move into a new property?

Prior to occupation of a new property, a 'habitation certificate' in the form of a Temporary Occupation/Use Certificate or Certificate of Completion must be issued to you. It is an offence to you occupy or use a new building without first having obtained either one of those certificates.

When I'm making an application for a Building Warrant, do I need to notify the neighbours?

No, you do not need Neighbour Notification when you apply for a building warrant, but you will probably need it if you are submitting a planning application.

Where can I get a copy of the Building (Scotland) Regulations 2004 and the Technical Handbooks?

You can get these from most good bookshops and you may view or download the Technical Handbooks on the sbsa website at http://www.sbsa.gov.uk/ free of charge. If you use an architect or other suitably qualified person they should be conversant with the guidance in the Handbooks.

Why should I use an Approved Certifier?

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 certifiers 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 in writing before the start of work on site.