Part 3 - Building Standards
This section covers two areas of existing legislation and guidance which were not part of the scope of the two Review Panels, but on which views are sought.
Shared residential accommodation
Shared residential buildings are small residential buildings. They are defined as a unit of residential accommodation, other than a dwelling, having an occupancy capacity not exceeding 10, entered from the open air at ground level and having no storey at a height exceeding 7.5m.
Since 2010, the guidance for shared residential buildings in the Non-Domestic Technical Handbook has called for protected lobbies to a single stair used for escape. This is to inhibit the movement of fire and smoke from an adjoining room. Protected lobbies were not required in shared residential buildings prior to 2010.
The Domestic Technical Handbook guidance does not call for protected lobbies to be provided to a stair used for escape within a dwelling, which could be of a similar size and occupancy.
It is therefore considered that the need for protected lobbies in shared residential buildings is removed to align with the guidance provided for domestic buildings.
Proposal - Shared residential accommodation
14. The need for protected lobbies as part of single stair escape routes in shared residential accommodation should be removed.
Question 3.1: Do you agree that protected lobbies need not be provided to shared residential accommodation with only one escape stair?
The Building (Scotland) Act 2003 defines what a building is and provides for buildings that are exempt and do not have to comply with all building regulations.
Building regulations recognise limited life buildings which are dealt with through the building warrant procedures but they do not define what constitutes a temporary or permanent building. However schedule 1 to regulation 3 of the Building (Scotland) Regulations 2004 as amended does define a type of temporary building that is considered exempt from building regulations.
Type 16. A building which, during any period of 12 months, is either erected or used on a site-
(a) for a period not exceeding 28 consecutive days; or
(b) for a number of days not exceeding 60,
and any alterations to such buildings.”
Prior to 2005 under the 1959 Act, the exempt type only defined the 60 or 28 day period as the period of erection. The type did not recognise periods of use.
There has been evidence that type 16 does not adequately cover buildings that are only used periodically. This may be an existing building where the use changes for a short period of time before reverting back to its prior use. It may also be a temporary structure such as a marquee which although being used periodically, remains erected which could be for a considerable period of time.
Proposal - Temporary buildings
15. Exempt type 16 of building regulations should be reviewed particularly in respect of an existing building where the use changes for a short period of time before reverting back to its prior use and for when a temporary structure such as a marquee being used periodically, remains erected for a considerable period of time.
Question 3.2: Do you agree that exempt type 16 of building regulations should be reviewed in respect of the criteria for the erection of a temporary building and the temporary use of a building?