Building standards - guidance changes April 2024: letter to local authority verifiers – 25 March 2024

Dear Chief Executive

Changes to guidance for April 2024 - Building (Scotland) Act 2003: Sections 4(2) and 4(4) notice relating to guidance documents

I am writing to advise you of changes being introduced to published guidance within the Building Standards Technical Handbooks that should be applied from 1 April 2024.  A summary of the changes is attached in annex A.   

The Technical Handbooks are published electronically in pdf format. Full details of the changes to guidance and the April 2024 Technical Handbooks are published on our website.

The April 2024 Technical Handbooks for domestic and non-domestic buildings apply from 1 April 2024 and the notice issued by the Scottish Ministers under sections 4(2) and 4(4) of the Building (Scotland) Act 2003 is attached in annex B.

Verifiers should consider the receipt of applications for building warrant carefully to avoid incomplete applications being submitted to circumvent compliance with the revised standards and guidance.

Yours sincerely

Dr Stephen Garvin

Head of Building Standards

Annex A - summary of changes to legislation and guidance applicable from 1 April 2024

Legislation

The Building (Scotland) Amendment Regulations 2023 - SSI 2023 No.177

The Building (Scotland) Regulations 2004 which set out functional standards for buildings are amended.

The above amendment regulations apply from 1 April 2024 and introduce the following amendments to The Building (Scotland) Regulations 2004:

• Regulation 3 of the SSI amends the definition for ‘direct emission heating system’ within regulation 2 (interpretation).
• Regulation 3 of the SSI introduces the new definition “pre-2024 building” within regulation 2 (interpretation).
• Regulation 4 of the SSI amends standard 6.1 (energy demand and carbon dioxide emissions) within schedule 5 (building standards applicable to design and construction).  Standard 6.1 is also retitled “energy demand”.
• Regulation 4 of the SSI introduces a new standard 6.11 (Heating and hot water – direct emission heating system) within schedule 5 (building standards applicable to design and construction).
• Regulation 5 of the SSI introduces new paragraph 2B on the application of new standard 6.11 (Heating and hot water – direct emission heating system) within schedule 6 (building standards applicable to conversions).

Guidance (new/updated): Building Standards Technical Handbook – domestic (April 2024)

Amendments to regulations and standards as noted above.

Changes to published guidance:

• Clause 0.12.2 – New standard 6.11 added to schedule 5 and schedule 6.
• Clauses 6.0.1 and 6.02 updated to reference recent changes and developments in heat and energy policy, including the introduction of the New Build Heat Standard.
• Clause 6.0.3 no longer makes reference to greenhouse gas emissions, new standard 6.11 referenced for heated stand-alone buildings.
• Standard 6.1 amended to ‘Energy Demand’, the requirement to limit carbon dioxide emission is removed.
• Clause 6.1.0 notes the updated definition of ‘direct emission heating systems’ and the removal of the target emission calculation.  Note that solutions which previously met the June 2023 standards and do not use direct emissions heating systems will still comply with standard 6.1 after 1 April 2024.
• Table to clause 6.1.1 retains a ‘legacy combi or system boiler specification’ for ‘all other solutions’ notional building.
• Clauses 6.1.1, 6.1.2 and 6.1.3 amended to refer only to the Target Delivered Energy Rate and Dwelling Delivered Energy Rate.
• Clause 6.1.3 references the introduction of standard 6.11.
• Reference to emissions removed in clause 6.2.0, 6.2.4, 6.2.7, 6.2.8, 6.2.11 and 6.2.12.
• Clause 6.3.0 - note added on ‘direct emission heating systems’, referencing application of standard 6.11 to new and existing buildings.
• Clause 6.5.0 - reference to emissions removed.
• Clause 6.6.0 - reference to emissions removed.
• Clause 6.8.0 - removal of paragraph on the need to provide information on the future retrofit of buildings with ‘direct emission heating systems’.
• Removal of previous clause 6.8.3 ‘Information to enable future retrofit of zero direct emissions heating’.
• New standard 6.11 ‘Heating and hot water – direct emission heating system‘ introduced which prohibits the installation of such systems in new buildings.
• Clause 6.B.0 reference to emissions targets removed.
• Clauses 6.B.1 & 6.B.2 now reference alternative solutions in the context of standard 6.11.
• Clause 6.D.14 – updated reference to standard 6.1.
• Clause 7.0.5 notes impact on standard 6.11 on aspect 1 presentation.
• Clause 7.1.1 reference to ‘platinum’ updated to cover ‘direct greenhouse gas emissions’.
• Clause 7.1.3 – reference to direct emission heating systems which are LZCGT removed.
• Clause 7.1.4 – aspect 1 renamed ‘direct greenhouse gas emissions’.  Text updated to reflect reporting against that criterion in the context of standard 6.11.
• Clause 7.1.5 – reference to direct emission heating systems which are LZCGT removed.
• Clause 7.1.6 – aspect 1 renamed ‘direct greenhouse gas emissions’.  Text updated to reflect reporting against that criterion in the context of standard 6.11.
• Clause 7.1.7 renamed ‘Direct greenhouse gas emissions only at platinum level’.  Text updated to reflect reporting against that criterion in the context of standard 6.11.
• Appendix A – defined terms updated.

Revised and updated handbook.

Building Standards Technical Handbook – non-domestic (April 2024)

Amendments to regulations and standards as noted above.

Changes to published guidance:

• 0.12.2 – New standard 6.11 added to schedules 5 & 6
• Clauses 6.0.1 and 6.02 updated to reference recent changes and developments in heat and energy policy, including the introduction of the New Build Heat Standard.
• Clause 6.0.3 no longer makes reference to greenhouse gas emissions.  Standard 6.11 referenced for heated stand-alone buildings.
• Clause 6.0.12 updated to report changes introduced from 1 April 2024.
• Standard 6.1 amended to ‘Energy Demand’, the requirement to limit carbon dioxide emission is removed.
• Clause 6.1.0 notes the updated definition of ‘direct emission heating systems’ and the removal of the target emission calculation.  Note that solutions which previously met the June 2023 standards and do not use direct emissions heating systems will still comply with standard 6.1 after 1 April 2024.
• Clauses 6.1.2 and 6.1.6 - 6.1.8 amended to refer only to the Target Delivered Energy Rate and Building Delivered Energy Rate.
• Table to clause 6.1.4 notes ‘all other solutions’ notional building retains a ‘legacy gas boiler specification’.
• Clause 6.1.3, 6.1.5 and 6.1.6 note limitations introduced by standard 6.11 on ‘direct emission heating systems’.
• Reference to emissions removed in clause 6.2.0, 6.2.5, 6.2.8 and 6.2.9.
• Clause 6.3.0 - note added on ‘direct emission heating systems’, referencing application of standard 6.11 to new and existing buildings.
• Clause 6.5.0 - reference to emissions removed.
• Clause 6.6.0 - reference to emissions removed.
• Clause 6.8.0 - removal of paragraph on the need to provide information on the future retrofit of buildings with ‘direct emission heating systems’.
• Removal of previous clause 6.8.2 ‘Informationtoenable futureretrofitof zero direct emissions heating’.
• New standard 6.11 ‘Heating and hot water – direct emission heating system‘ introduced which prohibits the installation of such systems in new buildings.
• Clause 6.C.2 – awareness of standard 6.11 noted in the context of boiler replacement as an improvement measure.
• Clause 6.D.0 reference to emissions targets removed.
• Clauses 6.D.1 and 6.D.2 now reference alternative solutions in the context of standard 6.11.
• Clause 6.D.14 – updated reference to standard 6.1.
• Clause 7.0.5 and 7.11 note the impact on standard 6.11 on aspect 1 presentation.
• Clause 7.1.4 – reference to direct emission heating systems which are LZCGT removed.
• Clause 7.1.6 – aspect 1 renamed ‘direct greenhouse gas emissions’. Text updated to reflect reporting against that criterion in the context of standard 6.11.
• Clause 7.1.8 – reference to direct emission heating systems which are LZCGT removed.
• Clause 7.1.9 – aspect 1 renamed ‘direct greenhouse gas emissions’. Text updated to reflect reporting against that criterion in the context of standard 6.11.
• Clause 7.1.10 renamed ‘Direct greenhouse gas emissions only at platinum level’. Text updated to reflect reporting against that criterion in the context of standard 6.11.
• Appendix A – defined terms updated.

Revised and updated handbook.

Annex B - Building (Scotland) Act 2003: Sections 4(2) and 4(4) notice relating to guidance documents

Issue of guidance documents

Under the provisions of Section 4(1) of the Building (Scotland) Act 2003 (the Act), which came into force on 1 May 2005, Scottish Ministers may issue guidance documents for the purposes of providing practical guidance with respect to the requirements of any provision of building regulations and may issue revisions of the whole or any part of any guidance document. 

Guidance documents issued under Section 4(1) of the Act take effect in accordance with a notice issued by Scottish Ministers under Section 4(2) of the Act.

This letter, issued on behalf of Scottish Ministers, constitutes such a notice.

From 1 April 2024, the following revised documents are guidance documents for the purpose of building regulations:

• The Scottish Building Standards Technical Handbooks – Domestic 2022 (April 2024 Edition); and
• The Scottish Building Standards Technical Handbooks – Non-Domestic 2022 (April 2024 edition). 

These guidance documents introduced changes within section 0 (general), section 6 (energy), section 7 (sustainability) and Appendix A (defined terms) of the Technical Handbooks. 

The guidance documents are issued with respect to the provisions of the Building (Scotland) Regulations 2004, as amended to 8 June 2023:

• The Building (Scotland) Amendment Regulations 2023 (SSI 2023 No. 177).

Withdrawal of guidance documents

As provided for by Section 4(3) and 4(4) of the Act, the previous June 2023 Technical Handbooks, Domestic and Non-Domestic, shall cease to have effect in relation to building warrant applications made under section 9 of the Act and completion certificates submitted under section 17(4) of the Act after 31 March 2024.