Regulation 2 Amendment of the Building (Scotland) Regulations 2004

The Building (Scotland) Regulations 2004^f1 are amended in accordance with this regulation.

In regulation 2(1) (interpretation), after the definition of “site” insert—

• ““statement of sustainability” means a statement issued for the purpose of compliance with regulation 9 and section 7.1(c) of Schedule 5;”.

In Schedule 3 (descriptions of building and work, including the provision of services, fittings and equipment, not requiring a warrant), after paragraph 15A insert—

“15B.

Any work associated with affixing a statement of sustainability to a building.”.

In Schedule 5 (building standards applicable to design and construction), after section 6 insert—

“SECTION 7: SUSTAINABILITY

Statement of sustainability

7.1

Every building must be designed and constructed in such a way that—

(a)

with regard to a dwelling, a level of sustainability specified by the Scottish Ministers in respect of carbon dioxide emissions, resource use, building flexibility, adaptability and occupant well-being is achieved;

(b)

with regard to a non-domestic building, a level of sustainability specified by the Scottish Ministers in respect of carbon dioxide emissions is achieved; and

(c)

a statement of the level of sustainability achieved is affixed to the dwelling or non-domestic building.

Limitation

This standard does not apply to—

(a)

alterations and extensions to buildings, other than alterations and extensions to stand-alone buildings having an area less than 50 square metres that would increase the area to 50 square metres or more, or alterations to buildings involving the fit-out of the building shell which is the subject of a continuing requirement;

(b)

conversions of buildings;

(c)

buildings that are ancillary to a dwelling that are stand-alone having an area less than 50 square metres;

(d)

buildings which will not be heated or cooled other than by heating provided solely for the purpose of frost protection;

(e)

buildings intended to have a life not exceeding the period specified in regulation 6; or

(f)

conservatories.”.