The Building (Scotland) Act 2003 allows us to take enforcement action to ensure that buildings comply with building regulations and associated technical standards and to make sure that public safety is maintained in relation to defective and dangerous buildings.
Enforcement and defective buildings
Section 25: Building Regulation Compliance
We can require certain buildings comply with required provisions of the building regulations.
Section 26: Continuing Requirements Enforcement Notices
A continuing requirement notice may be served where conditions which are required to secure the health and safety of people using or visiting the building are not being followed.
Section 27: Building Warrant Enforcement Notices
These notices may be served on anyone who has carried out building or demolition work without a warrant or where work has been carried out that is not in accordance with the relevant building warrant or regulations.
Section 28: Defective Buildings Notice
This notice may be served on an owner of a building to rectify defects or to bring the building into a reasonable state of repair.
Dangerous Buildings
Section 29: Dangerous Buildings immediate action
Where a building constitutes an immediate danger to persons in or about it or to the public generally or to adjacent buildings or places, we must carry out such work (including, if necessary, demolition) as we consider necessary:
- to prevent access to the dangerous building and to any adjacent parts of any road or public place which appear to us to be dangerous by reason of the state of the building
- for the protection of the public and of persons or property in places adjacent to the dangerous building
In respect of immediate action we must remove the danger and will, if possible, notify the owner.
Section 30: Dangerous Buildings urgent action
In respect of urgent action, we must notify the owner by serving a notice under Section 30 to give the owner(s) the opportunity to carry out the necessary work. If this fails, we will take action and reclaim the costs and expenses from the owner(s).
The powers given to us by the Building (Scotland) Act 2003 don't reduce owners responsibility. However, they do provide a safety net that we can use to protect the public when it appears to us that, for whatever reason, building owners have failed to fulfill their responsibilities.
In certain instances, the nature of the danger/emergency work required may prevent the occupiers from remaining in the building. In that situation, occupants will have to move out immediately, and we can apply to the Sheriff for a warrant for removal if necessary.