Explanatory note
(This note is not part of the Regulations)
These Regulations revoke and replace the Building Standards (Scotland) Regulations 1981 to 1987. The Regulations apply to any construction, alteration or change of use of a building, subject to certain exceptions (regulation 3 and Schedule 1). The Regulations come into force on 1st April 1991 but do not apply where application for the building warrant was made before that date (regulation 34(2)).
The Regulations prescribe standards for buildings for the purposes of Part II of the Building (Scotland) Act 1959. They differ in form from the 1981-1987 Regulations by being statements of requirements supported by Technical Standards contained in a volume prepared by the Scottish Office. Regulation 9 provides that the requirements of regulations 10 to 33 are satisfied only by compliance with the relevant standards set out in the supporting Technical Standards. The relevant standards may in turn be met:
by conforming with provisions which are stated in the Technical Standards to be deemed to satisfy the relevant standards; or
by any other means which can be shown to satisfy the relevant standards.
The provisions referred to in (a) above make extensive use of British Standards and British Standard Codes of Practice and make clear that any technical specification of a Member State of the European Community which gives an equivalent standard of protection or performance to such Standards or Codes of Practice will be deemed to satisfy the relevant requirements. These provisions also implement Article 4.2 of Council Directive 89/106/EEC (OJ No. L40, 11.2.89, p. 12) relating to construction products insofar as materials, fittings, components and other manufactured products which comply with and are used in accordance with a European technical approval delivered in accordance with Chapter III of the Directive are deemed to satisfy the requirements of the relevant standard (see Part B of the Technical Standards, paragraph (B2.1)).
The Regulations also provide that no warrant is required for alterations to a building which consist solely of the fitting of certain fixtures (regulation 4 and Schedule 2) and specify a period of five years as the life of a limited life building for which special provision may be made (regulation 5).
Copies of the Technical Standards supporting these Regulations are available from Her Majesty’s Stationery Office.
Note: Copies of British Standards and British Standard Codes of Practice, Drafts for Development and International Standards referred to in the Technical Standards may be purchased from the British Standards Institution, Linford Wood, Milton Keynes, MK14 6LE (Tel: 0908 221166).