The Building (Scotland) Amendment Regulations 2006

JurisdictionScotland
CitationSSI 2006/534
Year2006

2006 No. 534

BUILDING AND BUILDINGS

The Building (Scotland) Amendment Regulations 2006

Made 2nd November 2006

Laid before the Scottish Parliament 3rd November 2006

Coming into force 1st May 2007

The Scottish Ministers, in exercise of the powers conferred by sections 1, 2, 8(8), 54, 56 of and Schedule 1 to, the Building (Scotland) Act 20031and of all other powers enabling them in that behalf, and having consulted the Building Standards Advisory Committee and such other persons as appear to them to be representative of the interests concerned, in accordance with section 1(2) of that Act, hereby make the following Regulations:

S-1 Citation and commencement

Citation and commencement

1. These Regulations may be cited as the Building (Scotland) Amendment Regulations 2006 and shall come into force on 1st May 2007.

S-2 Amendment of Regulations

Amendment of Regulations

2. In the Building (Scotland) Regulations 20042

(a) in regulation 5 (descriptions of building and work, including the provision of services, fittings and equipment, not requiring a warrant) insert “ building” before “warrant”;

(b) after regulation 16 (relaxations) insert the following–

S-17

Continuing requirements

17.—(1) Subject to paragraph (2), the owners of buildings shall ensure that–

(a)

(a) every air conditioning system within a building is inspected at regular intervals; and

(b)

(b) appropriate advice is given to the users of the buildings on reducing the energy consumption of such an air conditioning system.

(2) This regulation shall not apply to–

(a)

(a) air conditioning systems with a total effective output rating of less than 12 kW; or

(b)

(b) air conditioning systems solely for processes within a building.

(3) In terms of section 2 of the Building (Scotland) Act 2003 the provisions of paragraph (1) are a designated provision in respect of which there is a continuing requirement imposed on the owners of buildings.

(c) for Schedules 1 to 6 substitute Schedules 1 to 6 set out in the Schedule to these Regulations.

S-3 Savings

Savings

3.—(1) Subject to paragraph (2), these Regulations shall apply only in relation to work commenced on or after 1st May 2007.

(2) Where–

(a)

(a) an application for a building warrant for the design, construction, demolition or conversion of buildings or the provision of services, fittings or equipment in or in connection with buildings was made before the coming into force of these Regulations; or

(b)

(b) an application for the extension of the period of validity or the amendment of the terms of such a building warrant granted was made before the coming into force of these Regulations,

the building regulations applicable to the building in question shall be those in force at the time of making of the original application for a building warrant and any reference in the Building (Scotland) Act 2003 to building regulations shall be construed accordingly.

S-4 Transitional provisions

Transitional provisions

4.—(1) Notwithstanding regulation 3 and subject to paragraph (2), where a building warrant is not required but the work must still comply with building regulations the building regulations applicable to the work in question shall be those in force at the date on which the contract for the work was entered into and any reference in the Building (Scotland) Act 2003 to building regulations shall be construed accordingly.

(2) This regulation only applies where–

(a)

(a) the contract is entered into before 1st May 2007;

(b)

(b) the work on the contract is commenced before 1st July 2007; and

(c)

(c) the work on the contract is completed before 31st August 2007.

JOHANN M LAMONT

Authorised to sign by the Scottish Ministers

St Andrew’s House,

Edinburgh

2nd November 2006

SCHEDULE

Regulation 2(c)

SCHEDULE

SCHEDULE 1

Regulation 3

EXEMPTED BUILDINGS AND SERVICES, FITTINGS AND EQUIPMENT

Buildings etc. controlled by other legislation

Any building in which explosives are manufactured or stored under a licence granted under the Manufacture and Storage of Explosives Regulations 20053.

A building erected on a site which is subject to licensing under the Nuclear Installations Act 19654.Except–A dwelling, residential building, office, canteen or visitor centre.

A building included in the schedule of monuments maintained under section 1 of the Ancient Monuments and Archaeological Areas Act 19795Except–A dwelling or residential building.

Protective Works

Protective works subject to control by regulation 13.

Buildings or work not frequented by people

A building into which people cannot or do not normally go.Except–A building within 6 metres or the equivalent of its height (whichever is the less) of the boundary. A wall or fence. A tank, cable, sewer, drain or other pipe above or below ground for which there is a requirement in these Regulations.

Detached fixed plant or machinery or a detached building housing only fixed plant or machinery, the only normal visits to which are intermittent visits to inspect or maintain the fixed plant or machinery.Except–A building within 1 metre of a boundary.

Agricultural and related buildings

An agricultural greenhouse or other building of mainly translucent material used mainly for commercial growing of plants.Except–A building used to any extent for retailing (including storage of goods for retailing) or exhibiting.

A single-storey detached building used for any other form of agriculture, fish farming or forestry.Except–A building used to any extent for retailing (including storage for retailing) or exhibiting. A building exceeding 280 square metres in area. A building within 6 metres or the equivalent of its height (whichever is the less) of a boundary. A dwelling, residential building, office, canteen or visitor centre. A dungstead or farm effluent tank.

Works of civil engineering construction

A work of civil engineering construction, including a dock, wharf, harbour, pier, quay, sea defence work, lighthouse, embankment, river work, dam, bridge, tunnel, filter station or bed, inland navigation, reservoir, water works, pipe line, sewage treatment works, gas holder or main, electricity supply line and supports, any bridge embankment or other support to railway lines and any signalling or power lines and supports and a fire practice tower.Except–A bridge or tunnel forming part of an escape route or an access route provided to meet a requirement of these Regulations. A private sewage treatment works provided to meet a requirement of these Regulations.

Buildings of a specialised nature

A building essential for the operation of a railway including a locomotive or carriage shed, or for the operation of any other work of civil engineering contained in type 9 of this Schedule and erected within the curtilage of such a railway or work.Except–A signalling and control centre for a railway or dock. A building to which the public is admitted, not being a building exempted by type 11 of this Schedule. A dwelling, residential building, office, canteen, or warehouse.

A single–storey detached road or rail passenger shelter or a telephone kiosk which in so far as it is glazed complies with the requirements of regulation 9 and paragraph 4.8 of Schedule 5.Except–A building having a floor area exceeding 30 square metres. A building containing a fixed combustion appliance installation.

A caravan or mobile home within the meaning of the Caravan Sites and Control of Development Act 19606, or a tent, van or shed within the meaning of section 73 of the Public Health (Scotland) Act 18977.Except–Any wastewater disposal system serving a building of this type.

Small buildings

A detached single-storey building having an area not exceeding 8 square metres.Except–A dwelling or residential building. A building ancillary to and within the curtilage of a dwelling. A building within 1 metre of a boundary. A building containing a fixed combustion appliance installation or sanitary facility. A wall or fence.

Construction and development buildings

A building used only by people engaged in the construction, demolition or repair of any building or structure during the course of that work.Except–A building containing sleeping accommodation.

A building used in connection with the letting or sale of any building under construction until such time as the letting or sale of all related buildings is completed.Except–A building containing sleeping accommodation.

Temporary buildings

A building which, during any period of 12 months, is either erected or used on a site–

for a period not exceeding 28 consecutive days; or

for a number of days not exceeding 60,

and any alterations to such buildings.

Buildings ancillary to houses

A detached single-storey building ancillary to and within the curtilage of a house.Except–A building exceeding 8 square metres in area. A building within 1 metre of the house unless it is at least 1 metre from any boundary. A building containing sleeping accommodation. A building containing a flue, a fixed combustion appliance installation or sanitary facility. A wall or fence.

A single storey building attached to an existing house, which is ancillary to the house and consists of a conservatory or porch which insofar as it is glazed complies with the requirements of regulation 9 and paragraph 4.8 of Schedule 5.Except–A building exceeding 8 square metres in area. A building containing a flue, a fixed combustion appliance installation or sanitary facility. A building within 1 metre of a boundary.

A single storey building which is detached, or is attached to an existing house and which is ancillary to the house and consists of a greenhouse, carport or covered area.Except–A building exceeding 30 square metres in area. A building containing a flue, a fixed combustion appliance installation or sanitary facility.

Buildings ancillary to flats or maisonettes

A detached single storey building ancillary to and within the curtilage of a flat or maisonette.Except–A building exceeding 8 square metres in area. A building...

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