Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 1985
| Jurisdiction | UK Non-devolved |
| Citation | SI 1985/1272 |
| Year | 1985 |
1985 No. 1272 (S. 105)
BUILDING AND BUILDINGS
The Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 198531stJuly 1985
21stAugust 1985
7thOctober 1985
In exercise of the powers conferred on me by section 4(2) of the Building (Scotland) Act 1959(a) as substituted by section 2(1) of the Building (Scotland) Act 1970(b) and as amended by paragraph (4) of Schedule 15 to the Local Government (Scotland) Act 1973(c) and all other powers enabling me in that behalf, I hereby make the following regulations:—
PART 1—GENERAL
Citation and commencement
1. These regulations may be cited as the Building Standards (Relaxation by Local Authorities) (Scotland) Regulations 1985 and shall come into operation on 7th October 1985.
Revocation
2. The Building Standards (Relaxation by Buildings Authorities) (Scotland) Regulations 1975(d) are hereby revoked.
Interpretation
3. In these regulations—
"the Act" means the Building (Scotland) Act 1959;
"building standards regulations" means the Building Standards (Scotland) Regulations 1981(e);
"cubic capacity" means cubic capacity calculated or measured in accordance with the provisions of Schedule 3 to the building standards regulations;
"enclosed shopping centre" means a building containing shops having frontages to an arcade, mall or other covered circulation area;
"house" means a building in occupancy sub-group of occupancy use A1 or A2 set out in Schedule 1 to the building standards regulations.
(a) 1959 c. 24.
(b) 1970 c. 38.
(c) 1973 c. 65.
(d) S.I. 1975/547.
(e) S.I. 1981/1596, as amended by S.I. 1982/1878, 1984/1660.
PART II—DELEGATION OF POWER TO RELAX THE BUILDING STANDARDS REGULATIONS
Alteration, extension or change of use of buildings not ancillary to houses
4.—(1) This regulation shall apply to an application made under section 4(1)(a) of the Act for a direction dispensing with or relaxing any provision of the building standards regulations in the case of a particular building (other than a building ancillary to a house) which was erected, or a warrant for the erection of which was granted, not less than five years before the date of the application for the direction.
(2) The power to dispense with or relax such a provision shall be exercisable by the local authority instead of by the Secretary of State in relation to the alteration, extension or change of use of such a building, except where—
(a) an extension to the building results in—
(i) in the case of a house, an...
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