Building Planning and Buildings Standards: FOI release

Information requested

8.0 Request for Information:
8.1 What powers do GCC have in terms of resolving the issues with the building?
8.2 What powers does the Scottish Government (SG) have in terms of resolving the issues with the building?
8.3 What formal process should we as a committee undertake to raise a complaint on GCC to the relevant Teams within SG and Ministers?
8.4 Which Teams are responsible for the complaints process?
8.5 What options are available to Ministers should a builder have been found to have been dishonest when submitting applications for warrants and completion certificates? Can their Builders or Construction licence be suspended or withdrawn?
9.0 Freedom of Information Request:
9.1 What SG audits have been undertaken on the Glasgow City Council’s Building Planning and
Standards Team in the last 10 years to ensure service standards are being maintained? Please state
the date, the nature of the audit and the reports with recommendations produced.
9.2 How many of the staff working as GCC Verifiers have been Appointed in line with the Building (Scotland) Act by Ministers?
9.3 What is the normal process and cycle for ensuring ongoing competence?
9.4 How many of the staff currently working as GCC Verifiers have successfully undergone the Appointment process or revalidation of their competence in the last 5 years?
9.5 How many of the staff currently working as GCC Verifiers have not undergone the Appointment process or revalidation of their competence in the last 5 years?

Response

I attach a copy of most of the information you requested.

While our aim is to provide information whenever possible, in this instance the Scottish Government does not have some of the information you have requested. The reasons we don't hold all of the information are explained below.

However, you may wish to contact Glasgow City Council who may be able to help you.

8.0 Request for Information:
8.1 The Building (Scotland) Act 2003 gives powers to local authorities to take enforcement action to secure the health, safety, welfare and convenience of persons in or about buildings and others who may be affected by buildings.

Once a building is completed and the local authority verifier have accepted a completion certificate the relevant enforcement provisions are as follows:

• Defective Buildings Notices
• Dangerous Buildings Notices.

8.2 The Scottish Government holds no powers in terms of resolving the issues with the building as this sits with the local authority, as stated in point 8.1.

8.3 Local authorities are autonomous bodies whose powers are set out in statute and are entirely separate from the Scottish Government. As long as they act lawfully, it is the responsibility of each local authority to manage its day-to-day business appropriately. Scottish Ministers do not have general powers that would enable them to call on a local authority to account for its action.

8.4 The appropriate route to raise a formal complaint about the handling of this case by Glasgow City Council is through the Council’s complaints process at www.glasgow.gov.uk/complaints.

8.5 Under the Building (Scotland) Act 2003, if an offence has been committed where new work or conversions are carried out without a building warrant, or where a warrant has been granted, otherwise than in accordance with the warrant. Any person carrying out the work or making the conversion, or any person on whose behalf the work is being carried out (or conversion made) are guilty of an offence.

Any person who makes an application for a building warrant or an amendment to a warrant containing a statement which that person knows to be false or misleading in material particular or recklessly makes such an application containing such a statement is guilty of an offence.

Any person who submits to a verifier a completion certificate containing a statement which that person knows to be false or misleading in a material particular, or recklessly submits to a verifier a completion certificate containing a statement which is false or misleading in a material particular is guilty of an offence.

In each case, this may result in a summary conviction leading to a fine not exceeding level 5 on the standard scale.

There is no legislative requirement for builders to be licensed in Scotland, and therefore no mechanism to suspend builders.

9.0 Freedom of Information Request:
9.1 GCC Audit Reports for last 10 years:
Audit Date: 20 February 2017
Audit Report: Observation of the Operation of Verification Services, dated 7 April 2017 – see attached pdf
Audit Date: 28/29 November 2017
Audit Report: Audit of the Operation of Verification Services, dated 23 May 2018 – see attached pdf.
Audit Date: Regular engagement from 31 May 2018 to 29 November 2018
Audit Report: Annex 2 of the Close Off Report on Audit of the Operation of Verification Services dated 29 November 2018 – see attached pdf

9.2 Scottish Ministers have appointed GCC as verifier for their own geographical area and GCC are responsible for ensuring they have the appropriate staff and maintaining their employee records. Exemption under section 17 – information not held.

9.3 Local authorities are appointed as verifiers under the Building Standards operating framework: April 2021 that sets out the functions of verifiers. Under Section 2 – Integrity and Operational Resilience: 1.2 Resourcing Verifiers must have staff with the appropriate competence, qualifications and experience. Local authorities are responsible for ensuring they have the appropriate staff and recording their competence, qualifications, experience and training.

Building Standards Division in Scottish Government established the Building Standards Futures Board in 2019 to take forward a programme of transformative projects to strengthen delivery of the system. Improving the competence and resilience of the workforce is one of seven workstreams overseen by the Board. The Workforce Strategy for the Building Standards Verification Service was published on 1 October 2020 and has a focus on raising competence for everyone working in a building standards job role.

9.4 As stated in point 9.2, Scottish Ministers have appointed GCC as verifier for their own geographical area and GCC are responsible for ensuring they have the appropriate staff and maintaining their employee records. Exemption under section 17 – information not held.

9.5 As stated in points 9.2 and 9.4, Scottish Ministers have appointed GCC as verifier for their own geographical area and GCC are responsible for ensuring they have the appropriate staff and maintaining their employee records. Exemption under section 17 – information not held.

About FOI

The Scottish Government is committed to publishing all information released in response to Freedom of Information requests. View all FOI responses at http://www.gov.scot/foi-responses.

FOI 202300344180 - Information released

File type

58 page PDF

File size

1.5 MB