New Build Heat Standard 2024: business and regulatory impact assessment

14. Enforcement, Sanctions and Monitoring

151. The NBHS would require amendments to published material forming the Building (Scotland) Regulations 2004 and modification of the supporting guidance given within the Technical Handbooks that support said regulations.

152. All matters relating to enforcement, sanctions, and monitoring will be carried out under the existing processes, which form the building standards system in Scotland, as set out under the Building (Scotland) Act 2003. Parties responsible for operation of this system are currently the 32 Scottish Local Authorities, appointed as verifiers under the Act on behalf of Scottish Ministers.

153. Work to form a new building is subject to the Building (Scotland) Regulations 2004 and requires that (i) a building warrant be obtained before work commences and (ii) a completion certificate be accepted once works are finished.

154. Where a building warrant is required, proposals are subject to the scrutiny of verifiers prior to approval of the building warrant and acceptance of a completion certificate. Local Authorities have enforcement powers under the Act to ensure compliance with approvals and the regulations. Where an offence is committed under the Act the Local Authority may take a case to the Procurator Fiscal and persons found guilty of offences are liable on summary conviction to a fine not exceeding Level 5 on the standard scale (currently £5,000 - £10,000).