Building Standards Advice

A Building Warrant is generally required to be issued before starting any work. Your Warrant will be granted if the work you propose meets the Building Standards Regulations for compliance with the Building (Scotland) Act 2003.

Please remember it is an offence to start work for which a Warrant is required - before obtaining the Warrant. If a Warrant is not obtained, this could lead to difficulties in acceptance of a certificate of completion and in selling your property. It is strongly recommended that applicants should seek professional advice regarding their project.

Please remember that Building Warrants are separate from Planning Consent, or any other consents you may require.

• Is there any Building Work that is exempt from the Requirements of the Building (Scotland) Regulations?
• Is there any Building Work that does not need a Building Warrant?
• Do Replacement Windows require a Building Warrant?
• How do I obtain a Building Warrant?
• Who do I contact if I need more advice?

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.

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

• A detached single-story 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

• A detached single-storey building, with a floor area not more than eight square metres, ancillary to and within the cartilage 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

• 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.

• 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.

• 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)

• Any building work to or in a house; that does not involve the increase of floor area, demolition or alteration of the roof, external wall, loadbearing structure, adversely affect a separating wall, or change the method of wastewater disposal, or any work to a house having a storey, or creating a storey, at a height of more than 4.5 metres.

• A detached single-storey building having an area exceeding 8 square metres but not exceeding 30 square metres, ancillary to and within the curtilage of a house that does not involve a building within 1 metre of the house unless it is at least 1 metre from any boundary, or a building containing a fixed combustion appliance or sanitary facility, or a swimming pool deeper than 1.2 metres. This could allow for example the construction of a detached shed, detached carport, or detached garage.

• A detached single-storey building having an area exceeding 8 square metres but not exceeding 30 square metres, ancillary to and within the curtilage of a flat or maisonette but not within 1 metre of the flat or maisonette or within 3 metres of any other part of the building containing the flat or maisonette, or a building within 1 metre of a boundary, or a building containing a fixed combustion appliance or sanitary facility, or a swimming pool deeper than 1.2 metres. This could allow for example the construction of a detached carport, or detached garage.

• 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.

• Any building work associated with a balanced flue serving a room-sealed appliance.

• Any work associated with the installation of a flue liner.

• Any building work associated with refillable liquefied petroleum gas storage cylinders used primarily for providing space heating, water heating, or cooking facilities.

• Minor works such as the provision of a single sanitary facility; except work associated with a water closet, waterless closet or urinal, the provision of an extractor fan or installation of a chair lift in a dwelling.

• 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, except decking that forms part of any access to the principle entrance, and paved areas exceeding 50 and not exceeding 200 square metres.

• Replacement windows, doors and roof lights.

• Additional insulation (other than insulation applied to the outer face of an external wall).

• Work associated with the replacement of a fixture, material or equipment by another of the same general type, including a sanitary appliance, 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. Door, window or rooflight repairs including glazing.

DO Replacement Windows NEED A BUILDING WARRANT?

The installation of replacement windows does not require a Building Warrant but any window fitted must comply with the standards laid down in the Regulations.

Briefly, the requirements are : -

• The glazed area of the window (for day lighting) in an apartment should be no less than 1/15 of the floor area of the room.
• The opening area (for ventilation) should be not less than 1/30 of the floor area of the room with a trickle ventilator of not less than 12000 mm2  in apartments and 10000 mm2 in all other rooms.
• A safe method of cleaning external glazing surfaces positioned more than 4m above adjacent ground must form part of the window design.
• Ground level windows should not cause a dangerous obstruction to passers by when opened.
• Emergency escape windows, of at least 0.33m2, and at least 450mm high or 450mm wide and the lowest edge of the opening not greater than 1100mm from the floor, must be provided in all first floor apartments or inner rooms of dwellings. 

HOW DO I OBTAIN A BUILDING WARRANT?

• Having confirmed that a Building Warrant is necessary for a proposed project an applicant, or agent, must follow a set procedure to obtain one.
• An application form must be completed and forwarded to the local Building Standards Office together with the appropriate fee and a location plan clearly identifying the site.
• Three copies of drawings and specifications of the proposals must accompany the application. The drawings may be on paper and should be to a metric scale of not less than 1:100, should be appropriately coloured or works readily identified.
• Although the plans need not be drawn by a professional they must be of a sufficiently high standard to convey to all parties concerned the detail required by the Regulations. Often it will be necessary to present complicated and technical construction detail to a much larger scale. For this reason it may be advisable to consult a professional whose fee may save much time and worry over the course of the project and the life of the building.

Who do I contact if I need more advice?

If you have any more questions or need any further advice please contact the local area office closest to your site.

You can also find good advice from the Building Standards Division of the Scottish Government.