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The Building (Scotland) Regulations 2004

S.S.I. 2004/406 · Made 22 September 2004 · Extends to Scotland

Not fully up to date. 4 changes made by later legislation have not yet been written into this text, which is revised to 6 April 2026.

See the changes not yet applied
ProvisionChangeMade by
reg. 2(1)word substitutedEnergy Performance of Buildings 2025 reg. 34(2)
sch. 5 para. 6.1(a)words substitutedEnergy Performance of Buildings 2025 reg. 34(3)(a)(i)
sch. 5 para. 6.1words substitutedEnergy Performance of Buildings 2025 reg. 34(3)(a)(ii)
sch. 5 para. 6.9omittedEnergy Performance of Buildings 2025 reg. 34(3)(b)

BUILDING AND BUILDINGS

Made 22nd September 2004

Laid before the Scottish Parliament 23rd September 2004

Coming into force 1st May 2005

The Scottish Ministers, in exercise of the powers conferred by sections 1, 3(3), 8(8), 54, 56 of and Schedule 1 to, the Building (Scotland) Act 2003 M1 and of all other powers enabling them in that behalf, and having consulted the Building Standards Advisory Committee and such other persons as appear to them to be representative of the interests concerned, in accordance with section 1(2) of that Act, hereby make the following Regulations:

Annotations to the whole text

Marginal citations

M1

2003 asp 8.

Contents

  1. 1Citation and commencement
  2. 2Interpretation
  3. 3Exempted buildings and services, fittings and equipment
  4. 4Changes in the occupation or use of a building which cause the regulations to apply
  5. 5Descriptions of building and work, including the provision of services, fittings and equipment, not requiring a warrant
  6. 6Limited life buildings
  7. 7Measurements
  8. 8Fitness and durability of materials and workmanship
  9. 9Building standards – construction
  10. 10Building Standards – demolition
  11. 11Building standards –service, fitting or equipment
  12. 12Building standards – conversion
  13. 13Provision of protective works
  14. 14Clearing of footpaths
  15. 15Securing of unoccupied and partly completed buildings
  16. 16Relaxations
  17. 17Continuing requirements
  18. Signature
  19. Schedule 1: EXEMPTED BUILDINGS AND SERVICES, FITTINGS AND EQUIPMENT
  20. 1Buildings etc. controlled by other legislation
  21. 2Buildings etc. controlled by other legislation
  22. 3Buildings etc. controlled by other legislation
  23. 4Protective Works
  24. 5Buildings or work not frequented by people
  25. 6Buildings or work not frequented by people
  26. 7Agricultural and related buildings
  27. 8Agricultural and related buildings
  28. 9Works of civil engineering construction
  29. 10Buildings of a specialised nature
  30. 11Buildings of a specialised nature
  31. 12Buildings of a specialised nature
  32. 13Small buildings
  33. 14Construction and development buildings
  34. 15Construction and development buildings
  35. 16Temporary buildings
  36. 17Buildings ancillary to houses
  37. 18Buildings ancillary to houses
  38. 19Buildings ancillary to houses
  39. 20Buildings ancillary to flats or maisonettes
  40. 21Paved areas
  41. Schedule 2: CONVERSIONS TO WHICH THE REGULATIONS APPLY
  42. 1Paragraph 1
  43. 2Paragraph 2
  44. 3Paragraph 3
  45. 4Paragraph 4
  46. 5Paragraph 5
  47. 6Paragraph 6
  48. 7Paragraph 7
  49. 8Paragraph 8
  50. 9Paragraph 9
  51. Schedule 3: DESCRIPTIONS OF BUILDING AND WORK, INCLUDING THE PROVISION OF SERVICES, FITTINGS AND EQUIPMENT, NOT REQUIRING A WARRANT
  52. A. On condition that types 1–23 in all respects and/or in the manner of their fitting meet any standards required by the Regulations
  53. 1Paragraph 1
  54. 2Paragraph 2
  55. 2AParagraph 2A
  56. 2BParagraph 2B
  57. 2CParagraph 2C
  58. And, without prejudice to the generality of types 1 to 2C above
  59. 3Paragraph 3
  60. 4Paragraph 4
  61. 5Paragraph 5
  62. 6Paragraph 6
  63. 7Paragraph 7
  64. 8Paragraph 8
  65. 9Paragraph 9
  66. 10Paragraph 10
  67. 11Paragraph 11
  68. 12Paragraph 12
  69. 13Paragraph 13
  70. 14Paragraph 14
  71. 15Paragraph 15
  72. 15AParagraph 15A
  73. 15BParagraph 15B
  74. 16Paragraph 16
  75. 17Paragraph 17
  76. 18Paragraph 18
  77. 19Paragraph 19
  78. 20Paragraph 20
  79. 21Paragraph 21
  80. 22Paragraph 22
  81. 23Paragraph 23
  82. AA. On condition that this type in all respects and/or in the manner of their fitting meet the requirements of standards 1.1, 3.17, 3.18, 3.19, 3.20, 3.21, 3.22 and 4.4 of schedule 5.
  83. 23AParagraph 23A
  84. B. On condition that this work, service, fitting or equipment is to a standard no worse than at present
  85. 24Paragraph 24
  86. 25Paragraph 25
  87. 25AParagraph 25A
  88. 26Paragraph 26
  89. Schedule 4: MEASUREMENTS
  90. 1Area
  91. 2Area
  92. 3Area
  93. 4Height and depth
  94. 5Height and depth
  95. 6General
  96. Schedule 5: BUILDING STANDARDS APPLICABLE TO DESIGN AND CONSTRUCTION
  97. STRUCTURE
  98. 1.1Structure
  99. 1.2Disproportionate collapse
  100. FIRE
  101. 2.1Compartmentation
  102. 2.2Separation
  103. 2.3Structural protection
  104. 2.4Cavities
  105. 2.5Internal linings
  106. 2.6Spread to neighbouring buildings
  107. 2.7Spread on external walls
  108. 2.8Spread from neighbouring buildings
  109. 2.9Escape
  110. 2.10Escape lighting
  111. 2.11Communication
  112. 2.12Fire and rescue service access
  113. 2.13Fire and rescue service water supply
  114. 2.14Fire and rescue service facilities
  115. 2.15Automatic fire suppression systems
  116. ENVIRONMENT
  117. 3.1Site preparation – harmful and dangerous substances
  118. 3.2Site preparation – protection from radon gas
  119. 3.3Flooding and ground water
  120. 3.4Moisture from the ground
  121. 3.5Existing drains
  122. 3.6Surface water drainage
  123. 3.7Wastewater drainage
  124. 3.8Private wastewater treatment systems – treatment plants
  125. 3.9Private wastewater treatment systems – infiltration systems
  126. 3.10Precipitation
  127. 3.11Facilities in a dwelling
  128. 3.12Sanitary facilities
  129. 3.13Heating
  130. 3.14Ventilation
  131. 3.15Condensation
  132. 3.16Natural lighting
  133. 3.17Combustion appliances – safe operation
  134. 3.18Combustion appliances – protection from products of combustion
  135. 3.19Combustion appliances – relationship to combustible materials
  136. 3.20Combustion appliances – removal of products of combustion
  137. 3.21Combustion appliances – air for combustion
  138. 3.22Combustion appliances – air for cooling
  139. 3.23Fuel storage – protection from fire
  140. 3.24Fuel storage – containment
  141. 3.25Solid waste storage
  142. 3.26Dungsteads and farm effluent tanks
  143. 3.27Water efficiency
  144. 3.28Overheating risk
  145. SAFETY
  146. 4.1Access to buildings
  147. 4.2Access within buildings
  148. 4.3Stairs and ramps
  149. 4.4Pedestrian protective barriers
  150. 4.5Electrical safety
  151. 4.6Electrical fixtures
  152. 4.7Aids to communication
  153. 4.8Danger from accidents
  154. 4.9Danger from heat
  155. 4.10Fixed seating
  156. 4.11Liquefied petroleum gas storage
  157. 4.12Vehicle protective barriers
  158. 4.13Security
  159. 4.14Gigabit-ready physical infrastructure for electronic communications networks
  160. NOISE
  161. 5.1Noise separation
  162. 5.2Noise reduction between rooms
  163. ENERGY
  164. 6.1Energy demand ...
  165. 6.2Building insulation envelope
  166. 6.3Heating system
  167. 6.4Insulation of pipes, ducts and vessels
  168. 6.5Artificial and display lighting
  169. 6.6Mechanical ventilation and air conditioning
  170. 6.7Commissioning building services
  171. 6.8Written information
  172. 6.9Energy Performance Certificates
  173. 6.10Metering
  174. 6.11Heating and hot water – direct emission heating system
  175. SUSTAINABILITY
  176. 7.1Statement of sustainability
  177. 7.2Electric vehicle charging
  178. Schedule 6: BUILDING STANDARDS APPLICABLE TO CONVERSIONS
  179. 1Paragraph 1
  180. 2Paragraph 2
  181. 2AParagraph 2A
  182. 2BParagraph 2B
  183. Explanatory note