Building standards: procedural handbook - third edition version 1.7

The procedural handbook provides clarification on the procedures underpinning the Scottish building standards system as set out in the Building (Procedure) (Scotland) Regulations 2004 and the Building (Scotland) Act 2003 to assist with practical operation.


9 Building standards assessments

9.1 Purposes of a building standards assessment

9.1.1. There are currently no plans to bring into force section 6 of the Act. However if it were to be brought into force guidance would be issued. The matters to be provided for include period covered, circumstances, exclusions etc.

9.2 Property transfer

9.2.1. Unless building standard assessments are introduced, the following flowcharts outline the procedures relevant to property transfers.

Figure 10 Property Transfers

Procedures Applying to Property Transfer(1)
A flow chart showing the procedures to be followed by a prospective buyer in relation to property transfer.

Note

1. This diagram applies unless section 6 of the Act is brought into force and introduces building standards assessments.

2. The Building Standards Register only records works carried out on or after 1 May 2005.

3. For building regulation compliance, continuing requirement enforcement and building warrant enforcement see chapter 7. For dangerous buildings see chapter 10. For defective buildings see chapter 11.

4. CC – refer to chapter 5 for further information on completion certificate processes.

5. Local authority may take enforcement action under section 27 (see 7.2).

6. Advised to seek professional advice on possible work needed to rectify. New owner may take action to obtain a completion certificate or remove a continuing requirement.

Figure 11 Property Transfers – continued

Procedures Applying to Property Transfer(1)
A flow chart continuing the procedures to be followed by a prospective buyer in relation to property transfer.

Note

1. This diagram applies unless section 6 of the Act is brought into force and introduces building standards assessments.

2. The procedures under the Building (Scotland) Act 1959 and associated legislation should be followed.

3. The local authority may offer a ‘letter of comfort’ scheme for older works. These schemes, where operated, are particularly relevant to the conveyancing process.

4. New owner may take action to obtain a completion certificate acceptance.

Contact

Email: buildingstandards@gov.scot

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