School premises regulations - updating proposals: consultation

The general requirements and standards for school premises in Scotland regulations - Consultation

Introduction

1. The Scottish Government is committed to delivering equity and excellence in Scottish education so that all our children and young people can succeed. The buildings and facilities in which children learn have a key role to play in achieving this ambition. Modern, state-of-the-art learning environments are recognised as having a role in improving children and young people’s educational outcomes.

2. Schools and early learning centres should be designed to the highest standards, in terms of quality, environment and being child-friendly and age appropriate – with the aim of providing well-designed spaces that inspire, stimulate, challenge and support children and young people, as well as teachers and school staff.

3. The Learning Estate Strategy was jointly produced with CoSLA in 2019 and was refreshed in November 2025. It sets out a shared vision, aspirations and principles for the efficient and effective design, construction and management of the school estate.

4. Schools and early learning centres are key infrastructure in our communities, and the Scottish Government and local authorities have invested significantly to provide children and young people with improved buildings and facilities. During the last 17 years (2007-08 to 2024-25) over 1,150 school building projects have been completed, and the proportion of schools in good or satisfactory condition has increased from 62.7% in April 2007 to a record 92% in April 2025.

5. The School Premises (General Requirements and Standards) (Scotland) Regulations 1967 prescribe a broad minimum standard that the premises or equipment of schools must meet. They will now be updated to meet the needs of modern-day schools, for example, to reflect current pedagogical requirements. The 1967 Regulations set out minimum standards for aspects such as school site areas, overall educational accommodation, lighting and ventilation. However, there is also a significant body of other legislation that applies to all buildings, including schools. Our proposed approach is therefore to remove school-specific requirements that duplicate other legislation, update the parts of the regulations that remain necessary, and consider new areas for inclusion.

6. Digital connectivity is now considered essential. The pandemic highlighted the importance of effective ventilation, and inclusive education requires accessible and barrier-free buildings and equipment.

7. Non-statutory guidance will accompany the updated Regulations. This will allow more detailed information to be provided, including references to British Standards and guidance from organisations such as sportscotland, which would not otherwise be possible within the legislation itself.

8. A consultation on changes was undertaken in 2017/18 to bring forward new regulations; however, this work was disrupted by the Covid pandemic. The pandemic also highlighted the importance of outdoor space and the role of indoor environments in supporting health and wellbeing. Consideration must also be given to the implications of the recent Supreme Court ruling and the Judicial Review involving Scottish Borders Council. This consultation seeks views on updating these Regulations to ensure they reflect current requirements and support learning in modern schools and early learning centres in Scotland.

9. This consultation is not about the design and construction required for compliance with building regulations, but what the minimum standards should be in schools for factors such as internal space, outdoor space, ventilation, digital infrastructure, facilities for breaks, for eating, for toilets – for everyone in the school community.

10. As existing schools are required to adhere to the current 1967 Regulations, it is intended that there will be parts of the new regulations that will need to apply to the whole estate once in force, and others that may likely need to apply from a future date or only be appropriate when new schools are built or substantially modernised or refurbished (for example, changes to education accommodation metrics). This consultation seeks your views on the proposed changes to the 1967 Regulations regarding the general requirements and standards for school premises.

11. We would also encourage feedback, as part of responses to questions, on the impact of the timing of application of each regulation.

12. The Scottish Government invites you to contribute your views on these proposals and share feedback on the matters outlined in this consultation.

Background

Legislation applying to school premises only

13. The Education (Scotland) Act 1980 provides the powers to Scottish Ministers to prescribe standards for premises of educational establishments in Regulations . The current standards are set out in the 1967 Regulations. Education Authorities and the managers of any grant-aided school must ensure that the premises of any educational establishment under their management conform to those standards.

Legislation applying to different types of buildings, including schools

14. There is other legislation that applies to all buildings, including schools. Some of these, for example, include:

1. Health and Safety at Work Act 1974;

2. Equality Act 2010;

3. Building (Scotland) Regulations 2004;

4. Fire (Scotland) Act 2005 and the associated Fire Safety (Scotland) Regulations 2006;

5. Food Hygiene (Scotland) Regulations 2006;

6. Terrorism (Protection of Premises) Act 2025

15. All new educational and day care buildings must be designed and built in accordance with the Building (Scotland) Regulations 2004 (as amended) (‘the building regulations’). The Scottish Building Standards Technical Handbook for Non-Domestic Buildings (Technical Handbook) provides guidance on ways of complying with the building regulations, which in some instances includes reference to British Standards. Similarly, such buildings which undergo extension, alteration or conversion must also meet the standards (for the new work being carried out) and be subject to building warrant approval.

16. Compliance with the above legislation provides buildings that secure the health, safety and wellbeing of pupils and staff, as well as providing buildings that are energy efficient and sustainable. However, those who are responsible for schools also need to ensure that the premises are suitable for education and that pupils are provided with facilities to deliver their education (such as playing fields) or to ensure that the needs of all pupils are met. Further, the needs of employees are not necessarily the same as those of pupils.

National Care Standards - Early Learning and Childcare

17. The Public Services Reform (Scotland) Act 2010 set up the Care Inspectorate, which has a scrutiny and improvement role, taking account of standards and outcomes issued by Scottish Ministers. On 9 June 2017 Ministers issued new Health and Social Care Standards (http://www.gov.scot/Publications/2017/06/1327/0) to fulfil this duty. The Care Inspectorate’s scrutiny and improvement role includes Early Learning and Childcare (ELC) settings, ensuring they meet the Health and Social Care Standards and the ELC design guidance ‘Space to Grow and Thrive’ and in doing so will ensure the suitability of the premises for the care provided.

18. The Care Inspectorate can also issue recommendations for improvement and requirements for change and can seek to cancel a registration for operation in very serious cases. As the Care Inspectorate carries out a comprehensive inspection regime within ELC, it seems unnecessary to duplicate existing measures for the regulation of ELC within the updated Regulations. The intention is therefore that ELC settings, including those housed within school buildings, are specifically excluded in the updated Regulations. This is not intended in any way to downplay the importance of ELC settings, but to avoid duplication and so make it easier to realise our shared ambition for ELC settings in practice.

National Care Standards – School Care Accommodation Services

19. There were minimum standards for boarding accommodation in the School Premises (Standards and General Requirements) (Scotland) Regulations 1959, but these have since been repealed. The accommodation standards are no longer set down in legislation but are based on established practices and procedures.

20. The Care Inspectorate is responsible for regulating school care accommodation services. If a school offers boarding facilities, it must be registered with the Care Inspectorate as a school care accommodation service. The Care Inspectorate and Education Scotland work together to deliver an integrated service for the regulation and inspection of these services.

21. This is an example of a provision within the School Premises Regulations that has been repealed but the environment has been taken into account as part of the inspection process.

Discussion

22. School Premises Regulations are therefore needed to ensure that the specific needs of all pupils are met, particularly on issues that impact on their wellbeing and GIRFEC (such as sanitary facilities, lighting and acoustics) or on their education (such as playing fields and spaces for outdoor learning). However, for the reasons outlined above, there is no need to duplicate legislation or other regulatory measures that already cover particular areas appropriately.

23. Therefore, we propose to remove some Regulations that are no longer necessary but retain and update others. This should have the effect of minimising bureaucracy on education authorities and grant-aided schools whilst ensuring our learning environments are fit for purpose and a high standard. We may, therefore, also add additional requirements as necessary. It is intended that there will be parts of the new regulations that will need to apply to the whole estate once in force, and others that may likely need to apply from a future date or only be appropriate when new schools are built or substantially modernised.

24. The Regulations that we propose to retain, update or remove are set out below and summarised in Annex A. Your views on these proposals are welcome. If you think that they would have an adverse effect on welfare or education of children and young people, then please let us know.

25. As previously noted, this consultation is being considered separately to the 2017/18 exercise. This is down to the time elapsed since this exercise took place and the evolving social landscape since that time, including (but not limited to) the impact of Covid-19, the cost-of-living crisis as well as equality and inclusion considerations.