Scottish Statutory Instrument SI 2004 Scotland

Building (Procedure) (Scotland) Regulations 2004

These Regulations which are made under the Building (Scotland) Act 2003 (“the Act”) set out the procedures to be followed in connection with the submission of applications for building warrants, completion certificates and other related matters. It also details the criteria to which the Scottish Ministers are to have regard …

Read it on legislation.gov.uk (opens in a new tab)
Enforced by
Local Authority
Status
Amended (in force with amendments)
Penalty ceiling
Regulated

Does it bind you?

Business-side roles with duties under this instrument.

Contractor2 Designer1 Trader1 Applicant1 Any Person1

Plus 11 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.

Contractor — also bound by 173 other Acts
Designer — also bound by 13 other Acts
Trader — also bound by 825 other Acts
Companies Act 2006 243 duties
Companies Act 1985 85 duties
Applicant — also bound by 307 other Acts
Any Person — also bound by 2340 other Acts

What it requires

Regulations 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

GENERAL

0 of 2 sections shown
2 other sections in this Part — procedural and definitional
s.001 Citation and commencement (opens in a new tab)
s.002 Interpretation (opens in a new tab)
Part 2

APPLICATION TO A VERIFIER FOR BUILDING WARRANT

2 of 17 sections shown
s.014 Discharge and variation of continuing requirements imposed by verifiers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Verifiers must notify the local authority of building requirement changesStatutory regulator
s.018 Documents to be sent with notification to owner (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Verifier must tell owner where to view building plansStatutory regulator
15 other sections in this Part — procedural and definitional
s.003 Application of this Part (opens in a new tab)
s.004 Making of application for building warrant (opens in a new tab)
s.005 Warrants granted where section 9(4) of the Act applies (staged warrants) (opens in a new tab)
s.006 Building warrants: conversion (opens in a new tab)
s.007 Building warrants: late applications (opens in a new tab)
s.008 Building warrants: rejection of applications (opens in a new tab)
s.009 Determination of application (opens in a new tab)
s.010 Consultation (opens in a new tab)
s.011 Consultation – Fire Authority (opens in a new tab)
s.012 Building warrants: staged warrants (opens in a new tab)
s.013 Building warrants: continuing requirements (opens in a new tab)
s.015 Building warrants: warrants for demolition (opens in a new tab)
s.016 Building warrants: limited life buildings (opens in a new tab)
s.017 Documents to be forwarded to local authority with copy building warrant or amendment (opens in a new tab)
s.019 Duration of building warrant (opens in a new tab)
Part 3

REFERENCE TO SCOTTISH MINISTERS FOR A VIEW IN RESPECT OF AN APPLICATION FOR A BUILDING WARRANT

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.020 Making of a reference for a view (opens in a new tab)
Part 4

APPLICATION TO SCOTTISH MINISTERS FOR A DIRECTION IN RELATION TO A PARTICULAR BUILDING

1 of 4 sections shown
s.024 Intimation (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must notify applicants of refused directions and reasonsCrown / Minister / Government department
3 other sections in this Part — procedural and definitional
s.021 Application of this Part (opens in a new tab)
s.022 Making of an application for direction (opens in a new tab)
s.023 Application for building warrant (opens in a new tab)
Part 5

APPLICATION TO SCOTTISH MINISTERS FOR A DIRECTION IN RELATION TO A DESCRIPTION OF BUILDING

2 of 5 sections shown
s.028 Determination (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Scottish Ministers must notify applicants of building direction decisionsCrown / Minister / Government department
s.029 Registration in Building Standards Register (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local authority must record Scottish Ministers' directions in the registerLocal authority
3 other sections in this Part — procedural and definitional
s.025 Application of this Part (opens in a new tab)
s.026 Making of an application for direction (opens in a new tab)
s.027 Process of consultation (opens in a new tab)
Part 6

VERIFIERS

0 of 1 section shown
1 other section in this Part — procedural and definitional
s.030 Appointment of verifiers (opens in a new tab)
Part 7

PROCEDURE RELATING TO CERTIFICATION OF DESIGN AND CONSTRUCTION

5 of 10 sections shown
s.032 Issue by certifiers of certificates of design and construction (opens in a new tab) Regulated
  • Certifiers must sign, date, and properly format certificatesContractor
s.033 Issue of certificate by certifier of design (opens in a new tab) Regulated
  • Certifiers of design must apply regulations in force at the date of warrantDesigner
s.034 Further certificates (opens in a new tab) Regulated
  • Submit a new design certificate when amending a building warrantApplicant
s.037 Maintenance of records by certifiers (opens in a new tab) Regulated
  • Maintain and report certification and complaint recordsContractor
s.040 Evaluation of performance of verifiers and certifiers (opens in a new tab) Regulated
  • Verifiers and certifiers must provide performance information to MinistersAny Person
5 other sections in this Part — procedural and definitional
s.031 Appointment of certifiers (opens in a new tab)
s.035 Schemes under section 7(2) of the Act (opens in a new tab)
s.036 Determination of Application for Approval of a Scheme (opens in a new tab)
s.038 Removal of verifiers and certifiers (opens in a new tab)
s.039 Verifiers having an interest in a building (opens in a new tab)
Part 8

PROCEDURE IN RELATION TO COMPLETION CERTIFICATES

5 of 10 sections shown
s.044 Consideration of completion certificate (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Verifier must accept or reject completion certificates within 14 daysLocal authority
s.047 Rejection of completion certificate (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Verifier must notify you if a completion certificate is rejectedLocal authority
s.048 Information to fire authority (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Verifier must notify fire authority of completion certificate acceptanceLocal authority
s.049 Occupation or use without completion certificate (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Verifier must notify fire authority of temporary building use permissionsLocal authority
s.050 Imposition of continuing requirements by verifiers (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Verifier must send fire safety building requirements to the fire authorityLocal authority
5 other sections in this Part — procedural and definitional
s.041 Submission of Completion Certificates (opens in a new tab)
s.042 Completion certificates – multiple buildings (opens in a new tab)
s.043 Acceptance and rejection of completion certificates (opens in a new tab)
s.045 Acceptance of completion certificates – multiple buildings (opens in a new tab)
s.046 Documents and information to be sent (opens in a new tab)
Part 9

NOTICES BY LOCAL AUTHORITIES

1 of 2 sections shown
s.052 Evacuation of Buildings (opens in a new tab) Regulated
Other duties (1) — Crown / regulator
  • Local Authority must notify building owners of evacuation noticesLocal authority
1 other section in this Part — procedural and definitional
s.051 Notices served by local authorities (opens in a new tab)
Part 10

GENERAL PROCEDURE OF LOCAL AUTHORITIES AND VERIFIERS

1 of 9 sections shown
s.059 Notices regarding work (opens in a new tab) Regulated
  • Notify the verifier of key construction stages and completionTrader
8 other sections in this Part — procedural and definitional
s.053 Application of this Part (opens in a new tab)
s.054 Procedure at hearing (opens in a new tab)
s.055 Assessors (opens in a new tab)
s.056 Decisions of verifiers and local authorities (opens in a new tab)
s.057 Maintenance of records (opens in a new tab)
s.058 Inspection of records and applications (opens in a new tab)
s.060 Deemed determination (opens in a new tab)
s.061 Requirement of tests by local authorities (opens in a new tab)
Schedules

Schedules

0 of 22 shown
22 other schedules
s.001 GENERAL INFORMATION TO BE CONTAINED IN APPLICATION UNDER REGULATION 4(1)(A) (opens in a new tab)
s.sch001 The name and address of the applicant.
s.sch001 The name and address of any agent for the applicant....
s.sch001 The name and address of the owner of the property....
s.sch001 A brief description of the work in respect of which...
s.sch001 A postal address (which in the case of a building...
s.sch001 Current use of the building.
s.sch001 Information for fee calculation.
s.sch001 A declaration by the applicant as to–
s.sch001 Where appropriate, certification in accordance with section 11 of the...
s.sch002 INFORMATION TO BE SUBMITTED WITH SPECIFIC APPLICATIONS (opens in a new tab)
s.sch002 (a) General arrangement drawings comprising– (i) A plan of the...
s.sch002 Nothing in any of the Sections B to E of...
s.sch002 Plans submitted along with an application to which these regulations...
s.sch002 Where the site is not identifiable from the block plan...
s.sch002 (1) Plans, sections, elevations, drawings and block plans as set...
s.sch002 (1) Plans, sections, elevations, drawings and block plans of the...
s.sch002 If required by the verifier, a structural assessment of the...
s.sch002 (1) Block plan to such scale (if any) as the...
s.sch002 Plans, sections, elevations, drawings and block plans of the building...
s.sch002 Plans, specifications, test results and any other information in each...
s.sch002 (1) Any requirement in this Schedule to show a dimension...

Help complying

Guvnor’s practical routes through this instrument.

Business essentials for Scotland

Learning path covering the key Scottish-specific compliance requirements for any business, including business rates, planning, fair work, and regulatory differences from England.
1 more guide that reference this instrument
Apply for a building warrant in Scotland

Connected legislation

The wider family of instruments made under the same parent Act.

Building (Fees) (Scotland) Amendment Regulations 2025 SI 2025 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.