UK Act of Parliament 2003 Scotland

Building (Scotland) Act 2003

An Act of the Scottish Parliament to make further provision with respect to buildings, building standards, work in relation to buildings and related matters; and for connected purposes.

Enforced by
Local Authority
Status
In Force
Penalty ceiling
Imprisonment 10 of 27 obligations carry an unlimited fine. 9 carry different penalties and 8 have no criminal penalty — flagged in the list below.

Does it bind you?

Business-side roles with duties under this instrument.

Any Person18 Trader1 Director or Officer1 Occupier1

Plus 6 duties on the regulator, Crown ministers and public bodies — folded into the section list below.

Other Acts binding the same actors

If a role above is yours, these are the other instruments that most often bind it.

Any Person — also bound by 2340 other Acts
Trader — also bound by 825 other Acts
Director or Officer — also bound by 429 other Acts
Occupier — also bound by 235 other Acts

What it requires

Sections creating concrete business duties or carrying penalties, grouped as the instrument is structured. Titles link to the source text — blue means you’re leaving for legislation.gov.uk.

Part 1

Building regulations

1 of 6 sections shown
s.006 Building standards assessments (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must carry out building standards assessments on requestLocal authority
5 other sections in this Part — procedural and definitional
Part 2

Approval of construction work

10 of 18 sections shown
s.008 Building warrants (opens in a new tab) Prosecution
  • Carry out building work without a warrantAny Person

Unlimited fine

s.010 Building warrants: extension, alteration and conversion (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Verifier must refuse building warrants if work reduces safety complianceLocal authority
s.011 Building warrants: certification of design (opens in a new tab) Prosecution
  • Issue false or misleading building design certificateAny Person

Unlimited fine

s.014 Building warrants: limited life buildings (opens in a new tab) Prosecution
  • Occupy or use a limited‑life building after its demolition deadlineAny Person

Unlimited fine

s.016 Applications and grants: offences (opens in a new tab) Prosecution
  • Provide false or misleading statement on building warrant applicationAny Person

Unlimited fine

s.019 Completion certificates: certification of construction (opens in a new tab) Regulated
  • Issue false or misleading construction certificateAny Person
s.020 Completion certificates: offences (opens in a new tab) Imprisonment
  • Submit false or misleading completion certificateAny Person
s.021 Occupation or use without completion certificates (opens in a new tab) Prosecution
  • Occupy or use a building without a completion certificateAny Person

Unlimited fine

s.022 Imposition of continuing requirements by verifiers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Verifiers must impose continuing building requirements on ownersLocal authority
s.024 Building standards registers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authorities must maintain a public building standards registerLocal authority
8 other sections in this Part — procedural and definitional
Part 3

Compliance and enforcement

3 of 3 sections shown
s.025 Building regulations compliance (opens in a new tab) Regulated
  • Fail to comply with building regulations compliance noticeAny Person
s.026 Continuing requirement enforcement notices (opens in a new tab) Regulated
  • Fail to comply with a continuing requirement enforcement noticeAny Person
s.027 Building warrant enforcement notices (opens in a new tab) Regulated
  • Fail to comply with a building warrant enforcement noticeAny Person
Part 4

Defective and dangerous buildings

3 of 3 sections shown
s.028 Defective buildings (opens in a new tab) Prosecution
  • Fail to start or finish repairs after a defective building noticeAny Person

Unlimited fine

s.029 Dangerous buildings (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must secure dangerous buildings and may charge the ownerLocal authority
s.030 Dangerous building notices (opens in a new tab) Prosecution
  • Fail to carry out work required by a dangerous building noticeAny Person

Unlimited fine

Part 5

General

9 of 34 sections shown
s.034 Reports and information (opens in a new tab) Prosecution
  • Provide false or misleading information to Scottish MinistersAny Person

Unlimited fine

s.037 Service of notices etc. (opens in a new tab) Prosecution
  • Fail to provide required information or give false informationAny Person

Fine up to £1,000

s.039 Powers of entry, inspection and testing (opens in a new tab) Prosecution
  • Refuse to assist or obstruct building inspectionOccupier

Fine up to £1,000

s.043 Unlawful occupation of evacuated buildings (opens in a new tab) Prosecution
  • Occupy a building after evacuation without noticeAny Person

Unlimited fine

s.046 Charging order provision and early repayment Regulated
  • Pay charging order instalments or redeem the debt earlyTrader
s.046 Registration Regulated
Other duties (1) — Crown / regulator
  • Local Authority must register and discharge charging orders against buildingsLocal authority
s.046 Liability of new owner Regulated
  • Check for charging orders when acquiring a buildingAny Person
s.048 Penalties for offences (opens in a new tab) Prosecution
  • Breach of building regulations or noticesAny Person

Unlimited fine

s.049 Offences by bodies corporate etc. (opens in a new tab) Imprisonment
  • Personal liability for directors and officers for building offencesDirector or Officer
25 other sections in this Part — procedural and definitional
s.046 Charging orders
s.046 Qualifying expenses
s.046 Repayable amount
s.046 Continuing liability of former owner
s.046 “Register” and “appropriate land register”
Part 6

Supplementary

0 of 3 sections shown
Schedules

Schedules

1 of 74 shown
s.sch004 Powers of entry, inspection and testing: further provision (opens in a new tab) Imprisonment
  • Unauthorised use or disclosure of trade secretsAny Person
73 other schedules
s.sch001 This schedule is without prejudice to the generality of section...
s.sch001 Building regulations may be framed to any extent by reference...
s.sch001 Building regulations may make special provision for buildings intended to...
s.sch001 Building regulations may exempt such description of—
s.sch001 (1) Building regulations may, for any of the purposes specified...
s.sch002 A verifier or certifier is appointed under section 7(1) for...
s.sch002 Such a direction may be given to a particular verifier...
s.sch002 For the purposes of paragraph 9, a verifier has an...
s.sch002 Such regulations may specify different such interests in relation to...
s.sch002 An appointment may be made subject to such limitations as...
s.sch002 Despite paragraph 1, an appointment may be varied or terminated...
s.sch002 A person who is a certifier by virtue of membership...
s.sch002 When the appointment of a verifier (the “former verifier”) terminates,...
s.sch002 A verifier is not entitled to exercise any functions as...
s.sch002 An approved certifier of design is not entitled to issue...
s.sch002 An approved certifier of construction is not entitled to issue...
s.sch002 A verifier is not entitled to exercise any function as...
s.sch003 The submission to a verifier along with any application for...
s.sch003 The submission to a verifier along with a completion certificate...
s.sch003 Consultation by verifiers.
s.sch003 The statement by local authorities and verifiers of reasons for...
s.sch003 The maintenance by local authorities and verifiers of records of—...
s.sch003 The duration of the validity of building warrants.
s.sch003 The notification to local authorities and verifiers of the dates...
s.sch003 The maintenance by certifiers of records of certificates issued by...
s.sch004 (1) Entry into any premises by virtue of section 39(1)...
s.sch004 (1) If a sheriff or justice of the peace is...
s.sch004 A person entitled to exercise any power conferred by section...
s.sch004 A person who enters any premises in the exercise of...
s.sch004 A person who enters any premises in the exercise of...
s.sch004 A person who enters any premises in the exercise of...
s.sch005 This schedule applies for the purpose of securing the removal...
s.sch005 But the tenant is not liable for rent in respect...
s.sch005 If the tenant resumes lawful occupation, the same terms and...
s.sch005 In paragraphs 10 and 11, “lawful” occupation means occupation which...
s.sch005 The local authority may apply to the sheriff—
s.sch005 Such an application must be accompanied by a certificate signed...
s.sch005 On such an application, the sheriff may require—
s.sch005 Except in a case where removal was required under section...
s.sch005 On an application in a case where removal was required...
s.sch005 The decision of the sheriff on the application is final....
s.sch005 In proceedings under this schedule a certificate—
s.sch005 If a person removing from a building in compliance with...
s.sch006 The Building (Scotland) Act 1959 is repealed.
s.sch006 In the Control of Pollution Act 1974, in section 61(2)...
s.sch006 In the Safety of Sports Grounds Act 1975, in section...
s.sch006 (1) In the Licensing (Scotland) Act 1976, section 23 (special...
s.sch006 In the Ancient Monuments and Archaeological Areas Act 1979, in...
s.sch006 (1) The Civic Government (Scotland) Act 1982 is amended as...
s.sch006 In the Roads (Scotland) Act 1984, in Schedule 9, paragraph...
s.sch006 In the Housing (Scotland) Act 1986, section 19 and paragraph...
s.sch006 In the Housing (Scotland) Act 1987, in Schedule 23, paragraph...
s.sch006 In the Fire Safety and Safety of Places of Sport...
s.sch006 In the Local Government Act 1988, in section 17(5) (which...
s.sch006 In section 21(3) (definition of “building”) of the Sewerage (Scotland)...
s.sch006 In the Clean Air Act 1993, in section 16(5) (which...
s.sch006 In the Local Government etc. (Scotland) Act 1994, in Schedule...
s.sch006 In the Criminal Procedure (Scotland) Act 1995, in Schedule 9(certificates...
s.sch006 In the Planning (Consequential Provisions) (Scotland) Act 1997, in Schedule...
s.sch006 In the Scotland Act 1998 (Consequential Modifications) (No.2) Order 1999,...
s.sch006 In section 7(3) of the Local Government in Scotland Act...
s.sch006 In the Mines and Quarries (Tips) Act 1969, in section...
s.sch006 The Building (Scotland) Act 1970 is repealed.
s.sch006 In the Chronically Sick and Disabled Persons Act 1970, in...
s.sch006 (1) The Fire Precautions Act 1971 is amended as follows....
s.sch006 (1) The Land Compensation (Scotland) Act 1973 is amended as...
s.sch006 In the Local Government (Scotland) Act 1973, Part I of...
s.sch006 In the Health and Safety at Work etc. Act 1974,...

Help complying

Guvnor’s practical routes through this instrument.

Connected legislation

Instruments made under this Act. They carry the detail the Act delegates.

Building (Fees) (Scotland) Amendment Regulations 2025 SI 2025 Scottish Statutory Instrument
Building (Procedure) (Scotland) Regulations 2004 SI 2004 Scottish Statutory Instrument

Duty extraction and severity labels are Guvnor’s analysis of the instrument, not the instrument itself. Always verify against the linked source text.