The Building (Fees) (Scotland) Amendment Regulations 2025: business and regulatory impact assessment

Section 4: Additional implementation considerations

Enforcement / compliance

As building warrant fees are set at national level, any increase in fee levels will apply equally to all those submitting a building warrant application. Local authority verifiers will be required to update their existing building standards guidance and websites in line with similar changes on the Scottish Government website. It is unlikely that compliance with fee regulations will need to be enforced. However, in this unlikely event, direct engagement with respective local authorities will be undertaken. There will be minimum enforcement actions needed.

Local authorities are aware of impending building warrant fee changes and further engagement is planned in the new year. Additonal time has been included in planning to allow local authority verifiers time to prepare and implement any back-office system changes.

UK, EU and International Regulatory Alignment and Obligations

Internal Market / Intra-UK Trade

Increasing building warrant fee levels will not result in regulatory divergence between other UK nations. The equivalent building standards system in England and Wales known as building control calculates building warrant fee differently to that in Scotland. They also have a competition element within their system known as Approved Inspectors.

Increasing building warrant fees in Scotland will not result in any changes to the Scottish building standard system and thus have no impact on the internal market or intra-UK trade.

International Trade Implications

This policy does not affect imports or exports of specific goods or services. Additionally, this policy will not affect trade flows with other countries or have any impacts on the trading of goods or services between foreign and domestic businesses.

EU Alignment consideration

This policy will support the maintenance and advancement of the building standards service in Scotland ensuring the safe and compliant buildings in Scotland. There is no impact on access to EU markets or implications for EU alignment associated with the United Kingdom Internal market Act 2020 or Common Framework Agreements.

Legal Aid

It is not expected that there will be any greater demands placed on the legal system by this proposal. Accordingly, it is not considered that there will be any effect on individuals’ right of access to justice through availability of legal aid or possible expenditure from the legal aid fund.

Digital impact

To apply for a building warrant in the respective local authority, customers can access the eBuilding standards Portal from the local authority website or through a Google search. Customers are then directed to a national building standards portal where they will be able to submit their building warrant application.

This is a digital process, accessible to all users of the building standards system. This online process will not inherently change however it may be updated in areas to reflect the increased fees. Where users cannot access the online platform, local authorities can be contacted for further assistance. Downloadable versions of building standards forms are also available from the Scottish Government website. They can be downloaded, completed, and submitted in paper format to local authorities if required.

Business forms

It is unlikely that additional business forms will need to be completed however local authorities may take it upon themselves to introduce additional forms as part of this development. If additional forms are created nationally, we will test run these forms with those who will be using them.