Building standards enforcement and sanctions: consultation outcome report

Consultation outcome report on the strengthening of existing enforcement and sanctions provisions in the Building (Scotland) Act 2003.

8. Section 27 - Introduction of a time limit

Q5 asked - Do you agree that the introduction of a time limit is necessary?

The current power under section 27 of the Act does not contain a time limit for local authorities to take action on all work subject to a building warrant and building regulations. The consultation proposes introducing a 10-year time limit for serving notices.

A majority of all types of respondents agreed with introducing a time limit. Seven in ten (70%) agreed overall, with similar levels recorded by both individuals (67%) and organisations (72%). Support was highest among local authorities (80%).

Q6 asked - Do you agree with the introduction of a 10-year time limit for taking action on non-compliant work?

Mixed views were expressed on the introduction of a 10-year time limit. Overall, just under half (47%) were in favour, a further 47% opposed, and 7% did not answer. Individuals were more likely to be opposed than in favour (56% compared to 44% respectively). Conversely, 48% of organisations were in favour and 40% were opposed. While support was lower among professional associations (29%), they were also least likely to oppose the proposal (29%), with the remaining 43% not answering.

Q7 asked - Do you have any views on the 10-year time limit proposed?

Just under half of respondents agreed with both proposals. Among this group, most left brief comments reiterating their agreement; some reflected on the opportunity to introduce greater alignment and consistency across local authorities and the UK.

One quarter agreed with the introduction of a time limit, but not with the 10-year proposal, primarily arguing that this is too long. Conversely, one quarter disagreed with both proposals; these respondents called for longer limits, or the absence of a time limit for taking action.

Scottish Government response

The 10-year time limit has been supported. However, given the mixed views expressed Scottish Government will consider this further.



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