Building standards - legislation and guidance changes June 2022: letter to local authority verifiers - 5 July 2022

By email:

Chief Executives of Scottish Local Authorities

Copy to:

Local Authority Building Standards Managers

Your ref: -

Our ref: A38344883

1 June 2022

Dear Chief Executive,

Changes to guidance for June 2022 – 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 June 2022. 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 2022 Technical Handbooks are published on gov.scot.

The 2022 Technical Handbooks for domestic and non-domestic buildings apply from 1 June 2022 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 June 2022

Legislation

• The Building (Scotland) Amendment Regulations 2022 SSI 2022 No.136

The Building (Scotland) Regulations 2004 which set out functional standards for buildings are amended. Parts 1 & 2 of the above amendment regualtions apply from 1 June 2022. These introduce the following amendments:

• regulation 8 relating to durability, workmanship and fitness of materials is amended to ban the use of highly combustible metal composite material in an external wall cladding system or as an internal lining
• regulation 8 is amended to ban the use of combustible materials in external wall cladding systems on dwellings and on other defined ‘relevant buildings’ with a storey at a height of 11 metres or more
• amendment of Schedule 3 to Regulation 5 relating to descriptions of building and work, including the provision of services, fittings and equipment, not requiring a warrant to control the use of combustible materials in the replacement of external wall cladding systems, other than minor repairs
• amendment to building standard 2.7 relating to the spread of fire on external walls to clarify the intent of the standard

Guidance (new/updated)

• Building Standards Technical Handbook – Domestic 2022

Description

Amendments to regulations and standards as noted above. Changes to published guidance:

• clause 0.5.1 and schedule 3 – guidance on work types 1, 17 and 25 amended to reflect changes. New type 25A introduced
• clause 0.8.1 – New explanatory text added to explain changes to Regulation 8
• references to Regulation 8 changes made in guidance to standards 2.5, 2.6, 2.7 and Annex 2.B
• appendix A – defined terms updated
• revised and updated handbook

Guidance (new/updated)

• Building Standards Technical Handbook – Non-Domestic 2022

Description

Amendments to regulations and standards as noted above. Changes to published guidance:

• clause 0.5.1 and schedule 3 – guidance on work types 1, 17 and 25 amended to reflect changes. New type 25A introduced
• clause 0.8.1 – New explanatory text added to explain changes to Regulation 8
• references to Regulation 8 changes made in guidance to standards 2.5, 2.6, 2.7 and Annex 2.B
• appendix A – defined terms updated
• revised and updated handbook

Guidance (new/updated)

• Building Standards Technical Handbook – Summary of June 2022 Changes

Description

See policy page.

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 June 2022, the following revised documents are guidance documents for the purpose of building regulations:

• the Scottish Building Standards Technical Handbooks – Domestic 2022 (June 2022 Edition); and
• the Scottish Building Standards Technical Handbooks – Non-Domestic 2022 (June 2022 edition)

These guidance documents introduced changes within section 0 (general), section 2 (fire) 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 22 April 2022.

The Building (Scotland) Amendment Regulations 2020 (SSI 2020 No. 275) are amended by Part 1 and Part 2 of The Building (Scotland) Amendment Regulations 2022, SSI 2022 No.136.

Withdrawal of guidance documents

As provided for by Section 4(3) and 4(4) of the Act, the previous 2021 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 May 2022.