Publication - Advice and guidance

Building standards operating framework: April 2021

Defines operational standards to be met by local authority verifiers and how to meet them.

24 page PDF

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24 page PDF

426.1 kB

Contents
Building standards operating framework: April 2021
Annex B – Key Legislative Verification Procedures

24 page PDF

426.1 kB

Annex B – Key Legislative Verification Procedures

Building warrants: rejection of applications (Regulation 8)

The verifier shall not treat an application as received unless the application has been submitted and the prescribed fee paid.

If an application is submitted without the specified plans, the verifier shall advise of the applicant that the plans are required and if not submitted within 42 days, may consider the application withdrawn and return the papers relating to the application
to the applicant along with the prescribed fee.

Determination of application (Regulation 9)

The verifier shall consider the application and either determine the application or issue the first report within three months of receipt of the application.

The verifier shall not refuse the application without first giving the applicant notification of the proposed grounds for refusal and an opportunity of being heard and of making written representations. (See also deemed determinations Regulation 60).

Consultation (Regulation 10)

The verifier shall determine the relevant consultees for an application and take account of any comments in the determination of the application.

Consultation: Fire Authority (Regulation 11)

The verifier shall consult the relevant fire authority when necessary and take account of any comments in the determination of the application.

Building warrants: staged warrants (Regulation 12)

The verifier should ensure that for staged warrants, the applicant is informed of their obligation not to commence work on other stages until an amendment is made to the building warrant authorising that work to proceed.

Building warrants: warrants for demolition (Regulation 15)

The verifier should inform the applicant that demolition work is completed within the period of time stated in the building warrant.

Building warrants: limited life buildings (Regulation 16)

The verifier should inform the applicant that an application for demolition of a limited life building is submitted not less than three months before the relevant date (or other such later date as the verifier thinks fit).

The verifier should inform the applicant that a limited life building and ancillary services are removed from the site by the relevant date on the building warrant.

Building warrants: duration of a building warrant (Regulation 19)

The verifier shall inform the applicant that any extension to the validity of a building warrant is applied for before the building warrant expires.

The verifier shall consider whether any work or conversion during the further period of validity is assessed against the building regulations in force at the date of the application for a further period of validity.

Consideration of a completion certificate (Regulation 44)

The verifier, on receipt of a completion certificate submitted under section 17(1) of the Act, shall consider it and within the period of 14 days notify the person who submitted it of its acceptance or rejection.

Notices regarding work (Regulation 59)

The verifier should inform that any person carrying out work in pursuant of a building warrant gives the relevant notices to the verifier.

Deemed determination (Regulation 60)

The verifier should ensure that, when they have not made a determination within the specified period, they advise the applicant or relevant person of a deemed determination for the purposes of appeals under section 47 of the Act.

A deemed determination is made when the verifier has not made a determination within the following periods –

In the case of an application for building warrant or for an amendment of a building warrant if a first report has not been issued in response to an application, a period of three months from the date of receipt of the application.

In the case of an application for building warrant or for an amendment of a building warrant a period of nine months from the date of issue of the first report (or such longer period agreed between the applicant and the verifier).

In the case of an application to extend the period of demolition of a building intended to have a limited life a period of one month from the date of receipt of the application.

In the case of the determination as to whether to accept or refuse a completion certificate submitted under 17(1) of the Act a period of 14 days from the date of submission of the certificate (or such longer period agreed between the applicant and the verifier).

In the case of an application for discharge or variation of a continuing requirement imposed under section 22 of the Act a period of one month from the date of receipt of the application.

Completion certificates (section 17 of the Act)

The verifier should inform the relevant person that after completion of the work or conversion in respect of which a building warrant has been granted, the relevant person submits a completion certificate to the verifier.

Occupation or use without a completion certificate (section 21 of the Act)

The verifier should, when made aware, inform the applicant that a new building is not occupied or used unless a completion certificate has been accepted, or they have granted permission for the temporary occupation or use during such period as is specified in the permission.

The verifier should inform the applicant that any application to extend the permission for temporary occupation or use is made before the permission expires.


Contact

Email: buildingstandards@gov.scot