Explanatory note

These Regulations make further amendments to the Building Standards (Scotland) Regulations 1990 (the “1990 Regulations”) and the Building (Procedure) (Scotland) Regulations 1981. The amendments take account of the evolution of building practices in the areas of fire prevention and building ventilation, and give effect to some provisions of Directive 93/76/EEC (to limit carbon dioxide emissions by improving energy efficiency).

Amendment of the definition of “Technical Standards” at regulation 2(2) of the 1990 Regulations gives effect, through the substitute pages mentioned therein, to these amendments and to a number of other minor changes to the Standards to remove inconsistencies and for clarification purposes. Paragraph (2) of regulation 2 makes necessary changes to some other definitions, while paragraph (3) amends regulation 22 of the 1990 Regulations to extend exemptions for certain accommodation ancillary to dwellings and to simplify requirements. Paragraph (4) of regulation 2 amends regulation 23 of the 1990 Regulations to simplify the requirements regarding ventilation of buildings.

The Building (Procedure) (Scotland) Regulations 1981 have been amended to require the submission of energy ratings for dwellings created by construction or change of use.

These Regulations come into force on 29th December 1997, but do not apply to any construction or change of use of a building where application for warrant was made before that date.

These Regulations and their supporting Technical Standards were notified in draft to the European Commission in accordance with Directive 83/189/EEC (1983 O.J. L109/8) (as amended).

Copies of the Technical Standards supporting the 1990 Regulations as amended are available from The Stationery Office.

Compliance Cost Assessments of the effect of the revised Technical Standards have been carried out and summaries thereof have been deposited for inspection with the House Libraries.