Building warrant application guidance
These notes should be used for guidance to complete an application for a building warrant or an application for amendment to warrant
1. The name and address of the owner is required as the Act requires the owner to be informed if a building warrant is granted.
2. If work has started, the regulations which apply are those at the date the application is received. Disruptive surveys may be needed to establish what has been constructed.
3. If works have been completed an application for warrant is not appropriate and a completion certificate under the terms of Section 17 (4) of the Building (Scotland) Act 2003 should be submitted.
4. Security matters - subject to the exceptions below, details of applications are made public in accordance with the procedural regulations, with information on the application available on line, available for copy or inspection at our premises.
- We may remove documents from the register if we are satisfied there are genuine security concerns. For those documents on the register there are also restrictions on their copying. The first restriction relates to non-residential buildings, prisons, a building where a person may be legally detained or otherwise held in custody, the Scottish Parliament or the Royal Private Estate and applies where the applicant has confirmed the disclosure or copying would raise security concerns.
- Details agreed between ourselves and the applicant will be withheld unless the owner of the building gives written permission for them to be released. Thus parts of applications for buildings such as banks may only be available with the owner's written permission. The second restriction relates to all other residential buildings and copying is restricted to owners, occupiers or tenants or prospective owners, occupiers or tenants of the relevant building or an adjoining building.
- There will thus normally be no need to further restrict access to any details in relation to residential buildings. The building standards register will however hold all the documents necessary to establish approval of the warrant.
5. Guidance on certificates from approved certifiers, and the drawings and other information that should accompany this application is given in the paragraphs at 3.2 in the Procedural Handbook issued by our Building Standards Division.
6. Note that this includes a commitment to meet the requirements of Regulations 13 to 15, which set requirements for how the public will be protected from the activities on site.
7. Even where signed by an agent, it is the applicant that is declaring that the work will be done in accordance with the regulations and details of application.
8. Where full information is not available, we may decide to grant a warrant on condition that you provide further details before certain stages of work commence on site. You must agree the stages with us.
9. If you disagree with our decision to refuse a warrant, within 21 days of the date of the decision, appeal to the Sheriff by way of summary application.
Completion certificate submission guidance
These notes should be read for guidance filling in a completion certificate submission.
1. The completion certificate must be submitted by the relevant person as defined by the Building (Scotland) Act 2003, that is: a) Where the work was carried out, or the conversion made, otherwise than on behalf of another person, the person who carried the work or made the conversion; b) Where the work was carried out, or the conversion made, by a person on behalf of another person, that other person; c) If the owner of the building does not fall within paragraph a) or b), and the person required by these paragraphs to submit the completion certificate has failed to do so, the owner.
2. The name and address of the owner is needed as the procedural regulations require that the owner is informed if a completion certificate is accepted or rejected.
3. Where the address has been amended since the warrant was granted, or where the submission covers only part of a warrant (for example, if submission is for one house in a development for several dwellings that were subject to a single warrant) an address identifying the work covered by the submission must be supplied. I.e. a true postal address.
4. Where a certificate from an Approved Certifier of Design includes details yet to be designed, the Notification of Finalisation of Structural Details model form must be completed by the Approved Certifier and Approved Body and forwarded to us.
5. Any applicant aggrieved by our decision to reject a completion certificate may, by summary application made within 21 days of the date of the decision, appeal to the Sheriff. If we have not determined this submission within 14 days from the date of receipt of the certificate by us, the submission is deemed rejected and an appeal may be made to the Sheriff in the same way and subject to the same timescale.
Annex A - conversion
Any change in the occupation or use of a building which falls into one of the following descriptions is considered a conversion to which the building regulations apply:
- A building to create a dwelling or dwellings or a part thereof.
- A building ancillary to a dwelling to increase the area of human occupation.
- A building which alters the number of dwellings in a building.
- A domestic building to any other type of building.
- A residential building to any other type of building.
- A residential building which involve a significant alteration of the characteristics of the persons who occupy, or will occupy, the building, or which significantly increase the number of people occupying, or expected to occupy, the building
- A building so that it becomes a residential building.
- An exempt building (in terms of schedule 1) to a building which is not exempt.
- A building to allow access by the public where previously there was none.
- A building to accommodate parts in different occupation where previously it was not occupied.
Annex B - notes on certificates
- When notice is given on the application for building warrant of the intention to provide a certificate from an approved certifier of construction to accompany the completion certificate submission, the applicant is entitled to a discount on the fee.
- If the intention to provide a certificate from an approved certifier of construction is not declared on this form, this does not preclude a certificate subsequently being provided with the completion certificate submission.
- Any person intending to use an approved certifier of construction should check the current status of known firms by using the Certification Register available on the Scottish Government website.
Note: If, after giving notice of intent to use a certifier of construction, a certificate from an approved certifier is not provided with the completion certificate submission, the amount of fee discounted must be paid to us and may delay the acceptance of the completion certificate.