Building standards - energy and environmental compliance handbook: consultation proposals

Introduction

The building standards system in Scotland

The building standards system in Scotland is established by The Building (Scotland) Act 2003 (The 2003 Act). The Act gives powers to Scottish Ministers to make building regulations, procedure regulations, fees regulations and other supporting legislation as necessary, to fulfil the purposes of the Act.

The purpose of the building standards system is to protect the public interest. The system regulates building work on new and existing buildings, to provide buildings that meet reasonable standards which:

• Secure the health, safety, welfare and convenience of persons in or about buildings and of others who may be affected by buildings or matters connected with buildings;
• Further the conservation of fuel and power; and
• Further the achievement of sustainable development.

The thirty-two local authorities in Scotland are appointed by Scottish Ministers as verifiers to administer the building standards system in their geographical areas. Responsibility for compliance with the building regulations lies with the “relevant person” as the party instructing building work and, ultimately, with the building owner.

The building standards system is pre-emptive and is designed to check that proposals meet building regulations. The main principles of the system are that a building warrant must be obtained from a verifier before work commences on site and a completion certificate is accepted by a verifier if, after undertaking reasonable inquiry, they are satisfied the building work meets the building regulations, prior to the building being occupied.

Requirements applicable to building work are set through Building (Scotland) Regulations 2004 as a set of mandatory functional standards. These are statements on what outcomes must be achieved when undertaking building work. These standards are supported by a body of guidance set out in Domestic and Non-domestic Technical Handbooks. This published guidance assists by defining the scope of action expected under each standard by providing one or more examples of how compliance with the standard can be achieved. However, it is quite acceptable to use alternative methods of compliance provided they fully satisfy the regulations.

The Building Standards Division (BSD) is part of the Scottish Government Building Safety and Standards Directorate. Our purpose is to provide and maintain a robust legislative framework to ensure that the building standards system in Scotland protects the public interest. BSD prepares and updates building standards legislation and guidance documents, conducting any necessary research and consults on changes as The 2003 Act requires.

We also work in partnership with Local Authority verifiers and other stakeholders in the delivery and updating of the system and contribute to wider policy objectives of government on issues such as energy efficiency, climate change and building safety.

The Compliance Plan Approach

The Compliance Plan Approach will see the creation of the role of Compliance Plan Manager to oversee compliance with building regulations from concept to completion on behalf of the relevant person and be the verifier’s point of contact to support the verification process. The Compliance Plan Manager’s role would be to support the relevant person and assume responsibility for managing the compliance plan, in which actions of others, which are needed to provide assurance that work is completed in accordance with building regulations and all agreed verification compliance requirements are documented.

The Compliance Plan Manager role will not be introduced until legislative change can be made to provide the role with duties and corresponding offences. The Compliance Plan document has been introduced through recent guidance (early 2026) and sets out the actions and evidence planned to be delivered for an in scope project, record if these were delivered as planned or not, and detail any alternatives to planned measures carried out.

The Building (Procedure) (Scotland) Amendment Regulations 2024

The Building (Procedure) (Scotland) Amendment Regulations 2024 were laid on 12 December 2024. These introduce the requirement for developers to provide an “energy and environmental design statement” with building warrant applications and an “energy and environmental construction statement” with each completion certificate.

These statements will describe how the design and construction of the building complies with paragraphs 3.13, 3.14, 3.28, 6.1 to 6.7, 6.10, 7.1 and 7.2 of schedule 5 of the Building (Scotland) Regulations 2004. These are the mandatory standards relevant to the delivery of energy and environmental performance.

The Energy and Environmental Compliance Handbook

The Energy and Environmental Compliance Handbook explains the procedures set by, and provides practical guidance on meeting, the Building (Procedure) (Scotland) Amendment Regulations 2024.

The regulations are mandatory, but the choice of how to comply lies with the building owner. The Energy and Environmental Compliance Handbook has been issued by Scottish Ministers, through the Building Standards Division, for the purpose of providing practical guidance with respect to the building regulations.

Following The Building (Procedure) (Scotland) Amendment Regulations 2024, all building warrant applications submitted on or after the implementation date will require the submission of an Energy and Environmental Design Statement and an Energy and Environmental Construction Statement. These statements are intended to provide a pathway for the Applicant/Agent/Relevant person to demonstrate to the Verifier that a building meets the minimum energy and environmental standards by providing clear evidence that compliance and assurance processes have been followed.

Who should use this handbook?

• Client (Property Developers, Homeowners, etc)
• Building Warrant Applicant/Relevant Person
• Compliance Plan Manager (when introduced into the system)
• Architects / Designers / Agent
• Builders and Contractors
• Verifiers