The Building (Procedure) (Scotland) Amendment Regulations 2024: child rights and wellbeing impact assessment

Child Rights and Wellbeing Impact Assessment (CRWIA)

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.

Brief Summary

Type of proposal:

Scottish Statutory Instrument

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

The Building (Procedure) (Scotland) Amendment Regulations 2024 – the Scottish equivalent to the Passivhaus standard.

Buildings have significant implications for health, safety, the environment and our communities. Through the appropriate application of minimum building standards, set by regulations and supported by published guidance, the design and construction of Scotland’s built environment can benefit all owners, users and people in and around our buildings.

The aim of these proposals is to investigate the potential for amendment of energy and environmental standards to meet the requirements of taking on the effect of Mr Rowley MSP’s final Bill proposal – to deliver a Scottish equivalent to the Passivhaus standard. The intended outcomes of this review are:

• Improvements to the setting of energy and environmental (ventilation) performance standards for new buildings, leading to lower energy demand (and reduced running costs) and a healthy indoor environment
• Improvements to the design and construction process to give a greater assurance that compliance, and therefore the performance sought, is delivered in practice

The regulatory changes proposed in December 2024 introduce a formal requirement to report on how a building meets particular requirements of the building regulations - mandatory standards relevant to either energy or environmental performance. These regulations address how information is to be reported for verification. They do not, themselves, change the building specification needed to meet the regulations. Those changes will be set out in detail as part of a further consultation proposed for summer 2025 and will be accompanied by a fully costed impact assessment. On that basis, we would not hold that these current regulatory changes create the potential for an impact, an impact which once defined will affect the working practice of designers and contractors rather than impact on those who subsequently occupy buildings. Other than offering increased assurance that the building meets the regulations and should therefore perform as intended.

Start date of proposal’s development: January 2023

Start date of CRWIA process: July 2024

1. 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?

There are no aspects of the UNCRC requirements that are relevant to the current work. The current review of standards, laying of regulations in December 2024 and implementation at a later date are related to the energy and environmental performance of new buildings or where work is being carried out to an existing building.

New regulations and improved standards are a recognised driver to building improvement and an associated on-going cost reduction due to reduction in energy bills.

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

N/A

3. 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

N/A

4. Analysis of Evidence

N/A

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

N/A

Conclusion

6. 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?

Applicable answer(s): No Impact

7. 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.

N/A

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

N/A

Mitigation Record

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

N/A

Issue or risk identified and relevant UNCRC requirement

N/A

Action Taken/ To Be Taken

N/A

Date action to be taken or was taken

N/A

9. 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).

Safe: Yes No Not Applicable

Healthy: Yes No Not Applicable

Achieving: Yes No Not Applicable

Nurtured: Yes No Not Applicable

Active: Yes No Not Applicable

Respected: Yes No Not Applicable

Responsible: Yes No Not Applicable

Included: Yes No Not Applicable

If yes, please provide an explanation below:

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

N/A

Post Assessment Review and sign-off

11. Planning for the review of impact on children’s rights and wellbeing

This CRWIA will be reviewed and updated in Summer 2025

12. Sign off

Policy Lead Signature & Date of Sign Off: Daniel Foulds 02/12/2024

Deputy Director Signature & Date of Sign Off: Stephen Garvin 02/12/2024

Date CRWIA team first contacted: July 2024

SGLD Date of Sign off: 05/12/2024