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Building (Scotland) Act 2003

  • Explanatory Notes Table of contents

Please note:

All reference to 'Parts' and 'sections' are from the Building (Scotland) Act 2003. For other versions of these Explanatory Notes, see More Resources.

  1. Introduction

  2. Background

    1. EC Construction Products Directive

    2. Building standards system

  3. The Act - an Overview

    1. Part 1: Building Regulations

      1. Section 1: Building regulations

      2. Section 2: Continuing requirements

      3. Section 3: Relaxation of building regulations

      4. Section 4: Guidance documents for purposes of building regulations

      5. Section 5: Compliance with guidance documents

      6. Section 6: Building standards assessments

    2. Part 2: Approval of Construction Work Etc.

      1. Section 7: Verifiers and certifiers

      2. Section 8: Building warrants

      3. Section 9: Building warrants: grant and amendments

      4. Section 10: Building warrants: extension, alteration and conversion

      5. Section 11: Building warrants: certification of design

      6. Section 12: Building warrants: reference to Ministers

      7. Section 13: Building warrants: further provisions

      8. Section 14: Building warrants: limited life buildings

      9. Section 15: Building warrants: late applications

      10. Section 16: Applications and grants: offences

      11. Section 17: Completion certificates

      12. Section 18: Completion certificates: acceptance and rejection

      13. Section 19: Certification of construction

      14. Section 20: Completion certificates: offences

      15. Section 21: Occupation or use without completion certificates

      16. Section 22:  Imposition of continuing requirements by verifiers

      17. Section 23:  Discharge and variation of continuing requirements imposed by verifiers

      18. Section 24: Building standards registers

    3. Part 3: Compliance and Enforcement

      1. Section 25: Building regulations compliance

      2. Section 26: Continuing requirement enforcement notices

      3. Section 27: Building warrant enforcement notices

    4. Part 4: Defective and Dangerous Buildings

      1. Section 28: Defective buildings

      2. Section 29: Dangerous buildings

      3. Section 30: Dangerous buildings notices

    5. Part 5: General

      1. Section 31: Building Standards Advisory Committee

      2. Section 32: Exercise of local authority functions

      3. Section 33: Procedure regulations

      4. Section 34: Reports and information

      5. Section 35: Scheduled monuments, listed buildings etc.

      6. Section 36: Forms

      7. Section 37: Service of notices etc.

      8. Section 38: Fees and charges

      9. Section 39: Powers of entry, inspection and testing

      10. Section 40: Work required by notice: owner’s right of entry

      11. Section 41: Tests of materials

      12. Section 42:  Evacuation of buildings

      13. Section 43:  Unlawful occupation of evacuated buildings

      14. Section 44: Expenses

      15. Section 45: Compulsory purchase where owner cannot be found

      16. Section 46: Sale of materials from demolished buildings

      17. Section 47: Appeals

      18. Section 48: Penalties for offences

      19. Section 49: Offences by bodies corporate etc.

      20. Section 50: Criminal liability of trustees etc.

      21. Section 51: Civil liability

      22. Section 52: Inquiries

      23. Section 53: Crown application

      24. Section 54: Orders and regulations

      25. Section 55: Meaning of “building”

      26. Section 56: Interpretation

    6. Part 6: Supplementary

      1. Section 57: Ancillary provision

      2. Section 58: Modification of enactments

      3. Section 59: Commencement and short title

  4. Schedules

    1. Schedule 1 (introduced by section 1): Building regulations

    2. Schedule 2 (introduced by section 7): Verifiers and certifiers

    3. Schedule 3 (introduced by section 33): Procedure regulations: particular matters

    4. Schedule 4 (introduced by section 39): Powers of entry, inspection and testing: further provision

    5. Schedule 5 (introduced by section 42): Evacuation of buildings

    6. Schedule 6 (introduced by section 58): Modification of enactments

  5. Parliamentary History of Building (Scotland) Act 2003

  • Explanatory Notes Table of contents

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Explanatory Notes

Text created by the Scottish Government to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Acts of the Scottish Parliament except those which result from Budget Bills.

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