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Building Standards

Building Standards is the process by which any building work is checked to ensure it is designed and constructed in accordance with minimum standards laid down by the Government in the form of The Building Regulations. The main purpose of the Regulations is to safeguard health and safety of people in or about buildings. They are also concerned with energy conservation and with access and facilities for the disabled.

On the 1st May 2005 the building standards system was radically altered by the government. Building Control is now known as Building Standards. If your enquiry relates to a building warrant application submitted before the 1st May 2005 you should telephone the Building Standards Section on 01307 461460 to seek advice with regards the correct forms to use, fees payable etc.

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Frequently Asked Questions

Who provides the service?

A building warrant is the legal permission to commence building work, convert or demolish a building. Building warrants are issued by the verifier for each Council area.

If you are having construction of refurbishment work done, you may need to notify the Health & Safety Executive (HSE) and you may have other duties as well - find out more on the Health & Safety Executive (HSE) website.

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.

At the current time Angus Council is the verifier for all work requiring building warrant approval in the Angus Council area.

What are the Building Regulations?

They 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.

They are also 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.

Who provides the service?

Building Standards forms a section of the Infrastructure Services Department and is managed by the Building Standards Manager. For Building Standards purposes, Angus is divided into four areas. Four teams provide the service in each of these areas. These are:-

Building Standards Manager

Montrose and Brechin

Carnoustie, Monifieth & Birkhll

Forfar & Kirriemuir

Arbroath & Friockheim

Defective & Dangerous Buildings

Improvement & Repair Grants

Officers within the Building Standards Section are generally available between 9.00 a.m. and 10.30 a.m. and 4.00 p.m. to 5.00 p.m. Monday to Friday to offer advice and assist the public.

What is the Scottish Government Building Standards Division?

The Building Standards Division of the Scottish Government undertakes the national functions related to the Building Standards system.

The Division is based at:-

Denholm House
Almondvale Business Park
Livingstone EH54 6GA

Tel: 01506 600400
Fax: 01506 600401
Website: www.scotland.gov.uk/Topics/Built-Environment/Building/Building-standards

Is there any building work that is exempt from the requirements of the Building (Scotland) Regulations?

Yes. Certain broad categories of buildings are exempt, and the full list is included in Schedule 1 in Section 0 of the Technical Handbooks, alternatively please view the full list which is in guidance note "Exempt Buildings" (30 KB PDF)Opens in a new window.

If you are not sure, you should seek advice from a professional or the verifier.

The following is a summarised section covering small scale buildings and building work associated with houses, flats or maisonettes that are exempt from the Building Regulations.

  1. A detached single-storey building, with a floor area not more than eight square metres, ancillary to and within the curtilage of a house, that:-
    • is more than one metre from the house unless it is at least one metre from any boundary;
    • does not contain sleeping accommodation;
    • does not contain a flue, fixed solid fuel, oil or gas appliance installation or a sanitary facility.
  2. A detached single-storey building, with a floor area not more than eight square metres, ancillary to and within the curtilage of a flat or maisonette that:-
    • is more than three metres from the flat or maisonette or any other part of a building containing a flat or maisonette;
    • does not contain a flue, fixed solid fuel, oil or gas appliance installation, or a sanitary facility.
  3. A single-storey conservatory or porch with a floor area of not more than eight square metres that is attached to an existing house, and:-
    • is more than one metre from a boundary;
    • does not contain a fixed solid fuel, oil or gas appliance installation, or a sanitary facility;
    • meets the regulations on safety glazing.
  4. A single-storey greenhouse, carport or covered area each with a floor area not more than 30 square metres that is detached or attached to an existing house, and:-
    • does not contain a fixed solid fuel, oil or gas appliance installation or part;
    • does not contain a sanitary facility.
  5. A paved area or hardstanding not more than 200 square metres in area that:-
    • is not part of any access route required by the regulations.

Is there any building work that does not need a building warrant?

Yes. Provided that the regulations are complied with, the following work does not require a warrant (the full list is in Schedule 3 in Section 0 of the Technical Handbook, alternatively please view the full list which is in guidance note "Building Work Not Requiring Building Warrant Approval" (25 KB PDF)):

  1. Any building work to or in a house, that does not involve the increase of floor area, demolition or alteration of roof, external wall, loadbearing structure, adversely affecting a separating wall, or change in the method of wastewater disposal. Any work to a house having a storey, or creating a storey, at a height of more than 4.5 metres. For example the alteration and refit of a kitchen or bathroom.
  2. A detached single-storey building having an area exceeding eight square metres but not exceeding 30 square metres, ancillary to and within the curtilage of a house, that does not involve a building within one metre of the house unless it is at least one metre from any boundary. A building containing a fixed combustion appliance or sanitary facility. This could allow for example the construction of a detached shed, detached carport, or detached garage.
  3. A detached single-storey building having an area exceeding eight square metres but not exceeding 30 square metres, ancillary to and within the curtilage of a flat or maisonette that does not involve a building within three metres of the flat or maisonette or within three metres of any other part of the building containing the flat or maisonette. A building containing a fixed combustion appliance or sanitary facility. For example the construction or installation of a detached conservatory, detached carport, or detached garage.
  4. Any building work associated with a domestic scale combustion appliance or other part of a heating installation that does not include work associated with a chimney, flue pipe or hearth. For example the replacement of an oil or gas fuelled combustion appliance.
  5. Any building work associated with a balanced flue serving a room-sealed appliance that does not include work associated with a balanced flue that passes through combustible material.
  6. Any building work associated with the installation of a flue liner.
  7. Any building work associated with refillable liquefied petroleum gas storage cylinders supplying, via a fixed pipework installation, combustion appliances used principally for providing space heating, water heating, or cooking facilities.
  8. Other minor work such as the provision of a single sanitary facility, installation of an extractor fan or installation of a stair lift in a dwelling.
  9. Additional insulation (other than insulation applied to the outer surface of an external wall).
  10. The construction of walls not exceeding 1.2 metres in height, fences not exceeding 2.0 metres in height, raised external decking at a height of no more than 1.2 metres, and paved areas not exceeding 200 square metres.
  11. Replacement doors, windows and rooflights.
  12. The following work also does not require a warrant provided that the existing standard is maintained. In other words the replacement or repair work does not make the service fitting or equipment worse than it was before. Work associated with the replacement of a fixture, material or equipment by another of the same general type, including a sanitary appliance or sink and branch soil or waste pipe, rainwater gutter or downpipe, solid fuel combustion appliance, electrical fixture, ventilation fan, chimney or flue outlet fitting or terminal, solid waste chute or container, kitchen fitments or other fitted furniture, ironmongery, flooring, lining, cladding, and covering or rendering either internally or externally. The repair to a door, window or rooflight, including glazing.

How do I apply for a Building Warrant?

Having established that a Building Warrant is required, you will need to complete an application form. (Download Form A: Application for Building Warrant (56 KB PDF)Opens in a new window or contact the Department of Planning and Transport at the address below). Submit it to the Department along with three copies of plans clearly illustrating the proposed works. A fee will be payable and must accompany your application for the decision making process to commence. The fees, set by the Government, are in proportion to the cost of the proposed works. See table of fees (26 KB PDF)Opens in a new window or contact the Department. Alternatively, if the development is sufficiently minor you can utilise the Instant Building Warrant Assessment Service (35 KB PDF)Opens in a new window. This will allow consent to be given quickly thereby allowing work to commence on site.

Can I submit my own application?

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

Do I need to notify my neighbours?

No. 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 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 Local Authority can advise you on planning matters.

Will I need planning permission as well?

The requirements of the two sets of legislation are quite different but more often than not you will require both approvals. You should contact the Development Standards Section of the Planning & Transport Division for advice on whether or not a planning application is also necessary.

How much does a Building Warrant cost?

The fee payable for a Building Warrant will be based on the estimated cost of the building work. See table of fees (26 KB PDF)Opens in a new window.

The verifier (Council) may wish to have the estimated cost of the work checked or confirmed. If so, it is likely that we will use the building cost indices provided by the Royal Institution of Chartered Surveyors.

Discounts and refunds may be applicable if Certifiers of Design and Construction are used. See answer to question "What are Certifiers of Design and Construction?" below.

There is no fee for works to alter or extend a dwelling which are solely for the benefit of a disabled person.

How is the application processed?

On receipt, your application and plans will be checked and if adequate, will be registered and validated. The plans are then assessed by a Building Standards Officer to check that they comply with the Building Regulations using the Technical Handbooks for guidance. Any consultations with e.g. the Fire Authority, SEPA, Angus Access Panel will be carried out at this time. If the minimum requirements of the Technical Handbooks are met, a Building Warrant will be granted with a copy of the approved plans being stamped and returned to the applicant. In many cases it is as simple as that and your warrant may be issued in 2-4 weeks.

If your plans do not meet the Building Regulations, you will be advised of the reasons and given the opportunity to amend the drawings or provide the information required in order to complete the processing of the application. In this case approving your warrant will take longer but should be issued within 4-6 weeks.

The Building Regulations are a set of functional standards which can be met by complying with the associated technical guidance. This guidance need not be followed with an architect or agent putting forward proposals to meet the functional standards. It will be for the Building Standards Officer to use their professional judgement and decide whether the functional standards have been met.

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

The Building Regulations and Technical Handbooks are available from most good bookshops. They may be available for inspection in main libraries.

You may view or download the Building Regulations and Technical Handbooks at the Scottish Government website's Building Standards section free of charge.

For larger projects you will probably use an architect or other suitably qualified person who will be conversant with the guidance in the Handbooks.

For a small project the verifier will be able to explain what impact the mandatory standards are likely to have on your building proposal and you may not need to obtain a copy.

What are Certifiers of Design and Construction?

An application for building warrant can be supported by submission of Certificates of Design from Approved Certifiers of Design. The only system presently set up is a scheme which permits structural design to be carried by approved engineers. The Certification of Design Schemes currently approved are:

The submission of a Certificate of Completion can be supported by a Certificate of Construction from an approved Certifier of Construction. The only Certifiers of Construction at present are electrical engineers. Two schemes have been approved and they are:-

Full details of Certification of Design and Construction is given at the:

Can my application be processed quickly?

If your proposals are for minor works to a building you can take advantage of our "Instant Plan Assessment" service to obtain a quick approval. Please refer to our guidance note "Instant Building Warrant Application Assessment Service" (25 KB PDF)Opens in a new window.

What if my plans are rejected?

Building Warrant applications are almost never refused as Council officials will always indicate what is required in order to meet the terms of the Building Regulations. However, if comments sent to the applicant or agent remain unanswered nine months after the initial coments were made a local authority can determine the application and refuse it.

How do I obtain a view from Scottish Ministers?

Definitive interpretation of the Building (Scotland) Regulations 2004 is the responsibility of the verifier and ultimately a matter for the Courts to decide. However, the 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 Building Standards Division (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 e-mailed or faxed to the Building Standards Division. The Division 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. If it considers it useful, the Division may publish views on the website.

What if I want to make changes to my proposals?

Deviations from the approved plans can be made by submitting an application for an amendment to warrant.

Download Form B: Application for Amendment of Building Warrant (40 KB PDF)Opens in a new window
(or Amendment of Building Warrant (Form 7) (94 KB PDF)Opens in a new window for warrants approved before 01/05/05)

An additional fee will be payable - see table of fees (14 KB PDF)Opens in a new window for details.

Can I start work before obtaining a Warrant?

The answer is a categoric NO. It is a legal requirement that you obtain approval before commencing building work.

What if I carry out works without a 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.

How long is a Building Warrant valid?

A Building Warrant is valid for three years from the date of approval. If work is incomplete by that time, it is possible to apply for a limited extension. An extension must always be applied for within the initial three years. To obtain an extension to your warrant you should enclose a fee of £50.

Download Form C: Application to Extend Period of Validity of Building Warrant (40 KB PDF)Opens in a new window Complete form and return to Building Standards enclosing a fee of £50. (Please use this form (25 KB PDF)Opens in a new window if warrant was applied for before 1 May 2005.)

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 Standards 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 is a Completion Certificate?

A Certificate of Completion is a formal document submitted by "the relevant person" certifying that the work is complete and was carried out in accordance with the approved Building Warrant and the building regulations. If the Completion Certificate relates to a new house an Energy Performance Certificate (EPC) must be submitted along with the Completion Certificate. An EPC refers to the carbon emissions of the house and must be prepared on approved software.

When the work encompassed in a Warrant has been completed, the applicant must submit the Completion Certificate using the prescribed form. If electrical works have been carried out and an approved certifier of construction has not installed the electrics, the council will seek confirmation that the electrics installed have been done so correctly. In this instance you should telephone the Building Standards Section and ask for advice. If having visited the site and found that all work has been carried out in accordance with the Building Warrant and Building Regulations, Building Standards will confirm that the the Completion Certificate has been accepted. If all work has not been completed Building Standards will inform the person who issued the Certificate of the work requiring attention.

A Completion Certificate is an important legal document and you should always, when carrying out building work, submit one. There is a legal requirement to do so but failure to obtain one will undoubtedly affect the sale of your property, if, or when you decide to do so.

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Can I occupy premises before receiving the Acceptance of 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.

Download Form E: Application for Temporary Occupation or Use (47 KB PDF)Opens in a new window

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.

Who do I contact for further information?

Building Standards Manager

Planning & Transport Division
County Buildings
Market Street
Forfar DD8 3LG

Telephone: 01307 473234
Fax: 01307 461895

Service Page: buildstandards.htm
Service Details Last Reviewed : 14 April 2010