Part 3 - Enforcement
The Building (Scotland) Act 2003 contains a range of enforcement powers. The Act gives powers to local authorities (LA) to deal with work that is undertaken without a building warrant (where one was required) and work which has not been undertaken in accordance with a building warrant. The Act also provides powers to deal with buildings they consider to be dangerous or defective.
When a LA considers a building to be dangerous it has a duty to act and it is expected that it will respond immediately. This might include taking urgent action to carry out work, including demolition, as it considers necessary to reduce or remove the danger.
The 2003 Act also gives LAs powers where buildings are defective to take action as appropriate. The range of actions includes serving a notice calling for work to be carried out to improve the quality of properties that are in disrepair, or doing the work in default of the owner complying with the notice.
Local authorities can serve a notice on the building owner, take action where the building is dangerous or defective or the construction does not meet building regulations. They also have powers to recover their costs.
Local authorities currently have no enforcement powers to take action on non-compliances found after the completion certificate is accepted by the verifier.
Penalties for offences
The current penalty for a person found guilty of an offence on summary conviction is a fine not exceeding level 5 on the standard scale (£5,000).
Strengthening of powers, penalties for offences
As part of the proposal to improve compliance and utilise enforcement powers where work is not carried out in accordance with the building warrant, we are seeking your views on the principle of introducing a new enforcement power for local authorities to take action post completion certificate acceptance. Views are also sought on what level of fines should be applied and specifically the level of fine appropriate for high risk buildings (HRBs).
Question 3.1 - Do you have a view on the introduction of a new enforcement power for local authorities to take action on non-complaint work after the acceptance of the completion certificate?
Yes / No
Question 3.2 - Do you have a view on what the level of fines should be for non-compliance with the building regulations?
Yes / No
Question 3.3 - Do you have a view on what the level of fines should be for non-compliance in high risk buildings?
Yes / No
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