Building (Fees)(Scotland) Amendment Regulations 2025: child rights and wellbeing impact assessment

Child Rights and Wellbeing Impact Assessment (CRWIA) for The Building (Fees)(Scotland) Amendment Regulations 2025

Disclaimer

This document is a point in time assessment of the likely effects of the above-named proposal on the rights and wellbeing of children and young people. This impact assessment should be read in conjunction with other impact assessments prepared for this proposal.

Scottish Government acknowledge the importance of monitoring and evaluating the impact of strategic decisions and legislation on children's rights and wellbeing. Any information gathered during implementation of the legislation or strategic decision to which the impact assessment relates, will be used to inform future determinations of impact. Any new strategic decision or new legislation (including amending legislation) would be subject to a new CRWIA in line with the legislative requirements.

Child Rights and Wellbeing Impact Assessment

1. Brief Summary

Guidance: See section 2.1.2, pages 12-13 in Internal CRWIA and SoC for more information)

Type of proposal (Please delete as necessary):

• Scottish Statutory Instrument

Name the proposal, and describe its overall aims and intended purpose.

The Building (Fees)(Scotland) Amendment Regulations 2025

Start date of proposal's development: August 2024

Start date of CRWIA process: June 2024

2. With reference given to the requirements of the UNCRC (Incorporation) (Scotland) Act 2024 (Annex 1), which aspects of the proposal are relevant to/impact upon children's rights?

Guidance: If there are no aspects of the proposed which are deemed relevant to the UNCRC requirements, please give a short explanation of that here and contact the CRWIA team to discuss your response to this question. See pages 13-16 in Internal CRWIA and SoC for more information.

This policy aims to increase building warrant fees, as part of a three year model, to fund the changes to improve and strengthen the building standards system in Scotland. The policy should not directly impact children or young people.

An increase in fees would possibly result in a child's parents or guardians paying more money for a building warrant fee, reducing the disposable income that could be spent on the child's welfare. The fee however would still be significantly smaller than any resulting cost of building work to be carried out and is therefore negligible.

An increase in fees may dissuade contractors to take forward building works due to cost. These building works could be something that could benefit children such as a play-area, however again, the cost of the fee is significantly smaller than the resulting cost of building, therefore the effect of increasing the fee dissuading a contractor taking forward work is extremely small. Any decision not to take forward work on such projects will be determined on other factors and not the fee cost of a building warrant.

3. Please provide a summary of the evidence gathered which will be used to inform your decision-making and the content of the proposal

Guidance: It might be that no aspects of the proposal are deemed relevant, and therefore, no evidence exists relevant to the assessment. If that is the case, questions 3, 4, 5 and 6 can be answered as 'not applicable' and question 7 can be answered as 'no impact'.

Where consultation and engagement was carried out please tell us what you did (survey, focus groups etc) and a summary of what was said. If relevant include any key direct quotes. See pages 16-19 in Internal CRWIA and SoC for more information.

Evidence from:

• existing research/reports/policy expertise

Not Applicable

• consultation/feedback from stakeholders

Not Applicable

• consultation/feedback directly from children and young people

Not Applicable

4. Further to the evidence described at '3' have you identified any 'gaps' in evidence which may prevent determination of impact? If yes, please provide an explanation of how they will be addressed

Guidance: See page 19 in Internal CRWIA and SoC for more information.

Not Applicable

5. Analysis of Evidence

Guidance: Please explain what the evidence told you about the impact of the proposal on the rights and wellbeing of children and young people. See pages 19-20 in Internal CRWIA and SoC for more information.

Not Applicable

6. What changes (if any) have been made to the proposal as a result of this assessment?

Guidance: See page 20 in Internal CRWIA and SoC for more information.

Not Applicable

Conclusion

7. As a result of the evidence gathered and analysed against all UNCRC requirements, what is the potential overall impact of this proposal on children's rights?

Guidance: Please choose from positive, negative, neutral or no impact, Please note you can have both a positive and negative impact on children's rights. See page 20 in Internal CRWIA and SoC for more information. UNCRC Requirements (Annex 1)

Applicable answer(s): No Impact

Guidance: If you have answered no impact to question 7, please move onto question 10.

8. If you have identified a positive impact on children's rights, please describe below how the proposal will protect, respect, and fulfil children's rights in Scotland.

Guidance: See page 21 in Internal CRWIA and SoC for more information.

Not Applicable

9. If a negative impact has been identified please describe it below. Is there a risk this could potentially amount to an incompatibility?

Guidance: Please contact your SGLD Adviser to discuss any negative impacts and risk of potential incompatibilities. See pages 21-22 in Internal CRWIA and SoC for more information.

Not Applicable

Mitigation Record

What options have been considered to modify the proposal in order to mitigate a negative impact or potential incompatibility?

Please summarise mitigation actions taken below

Guidance: Please copy and paste the following three headings for as many risks or negative impacts which you have identified and explained in questions 7 and 9.

Issue or risk identified and relevant UNCRC requirement

Not Applicable

Action Taken/ To Be Taken

Not Applicable

Date action to be taken or was taken

Not Applicable

10. As a result of the evidence gathered and analysed against all wellbeing indicators (Annex 2), will the proposal contribute to the wellbeing of children and young people in Scotland? (Guidance Section 2.3.2, pages 20-22).

Guidance: Please choose from yes, no or not applicable, delete responses as appropriate. See page 23 in Internal CRWIA and SoC for more information.

Safe: Not Applicable

Healthy: Not Applicable

Achieving: Not Applicable

Nurtured: Not Applicable

Active: Not Applicable

Respected: Not Applicable

Responsible: Not Applicable

Included: Not Applicable

If yes, please provide an explanation below:

11. How will you communicate to children and young people the impact that the proposal will have on their rights?

Guidance: Providing information to children and young people on how their rights are being or will be impacted helps to ensure that policy-development is transparent. Are you publishing a child-friendly or accessible CRWIA? See page 23 in Internal CRWIA and SoC for more information.

The CRWIA will be published on the gov.scot website so those wishing to access it can do so. The CRWIA has been written in so far as possible in accessible language so those reading it can understand its content and how it does not impact upon their rights.

Post Assessment Review and sign-off

12. Planning for the review of impact on children's rights and wellbeing

Guidance: See page 23 in Internal CRWIA and SoC for more information.

• How will the impact of the proposal on children's rights and wellbeing be monitored?
• When will you review and update the CRWIA if required?

As noted in previous sections, the policy aims to increase building warrant fees as part of an already established three year model, to improve and strengthen the building standards system in Scotland. The policy should not directly impact or discriminate against children or young people.

The CRWIA will be updated and re-examined in 2025 when the 2026 fee increases will be developed.

13. Sign off

Policy Lead Signature & Date of Sign Off:

Cameron Murdoch, Building Standards Division 19/11/24

Deputy Director Signature & Date of Sign Off:

Stephen Garvin, Building Standards Division 18/12/24

Date CRWIA team first contacted: 19/11/24