Building (Scotland) Regulations 2004
What this means for your business
- Enforced by
- Mining Remediation Authority, National Highways, Natural England
- Applies to
- United Kingdom
- On this page
- 7 compliance obligations, 1 practical guide
What you must do
7 compliance obligations under this legislation.
Management duties 7
Demolish safely and secure the site after work
When you demolish a building you must disconnect all utilities correctly and make sure adjoining properties stay stable and watertight. After demolition, if you’re not moving straight on to the next job, you must either level and clear the ground right away or put up fences/barriers to stop anyone getting onto the site.
Ensure building conversions meet Schedule 6 standards
When you convert a building, you must carry out the work so that the finished building complies with the specific requirements set out in Schedule 6 of the Building (Scotland) Regulations. In practice this means planning, designing and building the conversion to the approved standards and getting any required approvals before you finish.
Ensure construction complies with Building Standards (Schedule 5)
If your business carries out building work, you must make sure the work meets the relevant requirements of Schedule 5 of the Building (Scotland) Regulations. For certain building types (those listed in Schedule 3 paragraph 23A) only the specific standards named in the Regulations apply. In practice you need to follow the approved standards throughout the build and obtain the required sign‑offs.
Keep neighbouring footpaths clean during construction
If you are carrying out work on a building site, you must regularly clean the adjacent footpath and remove all building debris. The footpath must be kept in a condition that satisfies the local authority, so you may need to demonstrate that it is clean and safe for public use.
Provide protective works when working near public roads
If you carry out building or construction work within 3.6 m of a road or any public area, you must put up hoardings, fences or barriers (and, where needed, safe footpaths, handrails, ramps or overhead covering) before you start. The works must be kept safe, illuminated, marked and removed when the job is finished (or within 14 days of completion for new buildings), unless the local authority says they are not required.
Provide services, fittings and equipment that meet building regulations
Whenever you supply or install a service, fitting or piece of equipment in a building, you must make sure it is designed, selected and installed to achieve the aims of the Building (Scotland) Regulations – such as safety, accessibility, energy efficiency and structural integrity. In practice this means checking that the product or work you provide complies with the relevant regulatory requirements before it is used.
Secure unoccupied or partly‑finished buildings when work stops
If you are carrying out construction, demolition or alterations, you must keep any building that is not finished or not yet occupied safely locked or closed off whenever you are not actively working on it. The aim is to stop anyone from entering without permission and to reduce the risk of damage or injury.
Practical guidance
Our guides explain how to comply with the requirements above.
Sections and provisions
23 classified provisions from this legislation.
Duties 7
- s.9 Building standards – construction
- s.10 Building Standards – demolition building
- s.11 Building standards –service, fitting or equipment
- s.12 Building standards – conversion
- s.13 Provision of protective works person
- s.14 Clearing of footpaths footpath provided so as
- s.15 Securing of unoccupied and partly completed buildings
Definitions 5
- s.2 Interpretation the Act boundary building site
- Schedule 3 DESCRIPTIONS OF BUILDING AND WORK, INCLUDING THE PROVISION OF SERVICES, FITTINGS AND EQUIPMENT, NOT REQUIRING A WARRANT gallery
- Schedule 6 BUILDING STANDARDS APPLICABLE TO CONVERSIONS building unit
- Schedule 2 CONVERSIONS TO WHICH THE REGULATIONS APPLY
- Schedule 4 MEASUREMENTS
Exemptions 7
- s.3 Exempted buildings and services, fittings and equipment
- s.5 Descriptions of building and work, including the provision of services, fittings and equipment, not requiring a warrant
- s.8 Fitness and durability of materials and workmanship
- s.16 Relaxations
- s.17 Continuing requirements
- Schedule 1 EXEMPTED BUILDINGS AND SERVICES, FITTINGS AND EQUIPMENT
- Schedule 5 BUILDING STANDARDS APPLICABLE TO DESIGN AND CONSTRUCTION