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Letter from Kevin Stewart MSP, Minister for Local Government, Housing and Planning, to local authorities giving additional guidance on the duration of building warrants (extending the validity and determination of application – refusal and deemed refusals) as a result of the COVID-19 outbreak. Update on the previous letters of 7 April 2020 and 6 August 2020.
The details outlined in this letter are no longer in force.
The Building (Scotland) Act 2003
The Building (Procedure)(Scotland) Regulations 2004
Addendum to guidance on duration of building warrant – extending the validity and
determination of application – refusal and deemed refusal as a result of the COVID-19 outbreak
Further to my letter of 6 August 2020 where I extended the period of guidance on the extension to building warrant duration and deemed refusal over the period affected by COVID-19, I am writing to inform you that I am extending the guidance for a further period until the 30 September 2021. It is my intention to review the position every six months, and I will further advise you if there are any further extensions.
The intent of the guidance at that time was to ensure that where work was paused as a result of the COVID-19 pandemic that applicants would not be disadvantaged through the expiry of their building warrant and given the current situation it is appropriate that the guidance remains in place.
I again recognise that granting an extension to a building warrant requires further work and a fee is normally charged. However, it remains important that the fee does not prevent contractors getting back to work in a safe and responsible manner to complete works for applicants. As such you should continue to use your discretion with regards to charging or waiving fees and particularly for small works that were halted by the pandemic.
This guidance specifically addresses small domestic works which could not be progressed or inspected during the current restrictions.
Officials from Building Standards Division at Scottish Government will be available to respond to any queries that may arise, contact in the first instance should be via Stephen Garvin, Head of Building Standards Division (07836 504 781, firstname.lastname@example.org).