Building standards enforcement and sanctions: consultation outcome report

9. Section 48 - Penalties for offences

Q8 asked - Do you agree with the level of fines proposed?

There was widespread support for the level of fines proposed. Overall, 79% were in favour, with 72% of individuals and 84% of organisations agreeing. All organisation types agreed, ranging from 93% of local authorities to 67% of commercial organisations.

The most prevalent theme for the widespread agreement was that the fines for High Risk Buildings are currently too low, disproportionate to the offence which can often put the public at risk, and do not act as a deterrent.

Some felt the proposed £50,000 was too low and was insufficient to deter non-compliance. Others suggested an unlimited fine.

Scottish Government response

Section 48 of The Building (Scotland) Act 2003 will be amended to increase penalties for offences.

The maximum level of fine has been benchmarked against similar offences e.g. The Housing (Scotland) Act 2014, and Planning (Scotland) Act 1997 and 2019.

Q9 asked - Do you agree with the option to include a custodial sentence?

Very high levels of support were recorded for the option to include a custodial sentence. Overall, almost nine in ten (88%) of respondents agreed, with the same high agreement recorded by both individuals (89%) and organisations (88%). All types of organisations agreed, ranging from 93% of local authorities to 67% of commercial organisations.

Scottish Government response

Section 48 of the Building (Scotland) Act 2003 will be amended to include the option of a two-year custodial sentence.