Guide to Conversion of Traditional Buildings

5.0 Building standards procedures

5.1 Building standards system and legislation

The building standards system is established by the Building (Scotland) Act 2003 (the Act) which is supported by secondary legislation:

• The Building (Scotland) Regulations 2004 (as amended) – building regulations
• The Building (Procedure) (Scotland) Regulations 2004 (as amended) procedures regulations.

The building regulations are based on the use of functional mandatory standards (the building standards), set out in regulation 9, schedule 5, that define what must be achieved in building work. The Technical Handbooks (domestic and non-domestic) provide guidance on how the building standards may be met. Similarly, the Procedural Handbook provides guidance on the procedures that underpin the building standards system.

5.2 Application of building regulations

The use of functional standards permits greater flexibility for designers in achieving the minimum standards and caters more sympathetically to the needs of traditional buildings undergoing conversion. When applying the functional standards to traditional buildings, the characteristics of its construction and design should be fully understood to inform decision making going forward. Rather than adopting the methods and materials covered in the Technical Handbooks – which assume current materials and construction techniques – alternative approaches may be taken which will allow for the retention of those characteristics that contribute to the building’s significance.

Under the building regulations certain changes of use or occupation are defined as conversions. Conversions to which the regulations apply are set out in schedule 2 to regulation 4. It is recognised that many existing buildings cannot reasonably be expected to meet all aspects of the mandatory building standards. For specific standards, the existing building is required to be improved so that the building as converted shall meet the requirements of the standards in so far as is reasonably practicable, and in no case be worse than before the conversion, the application of the standards to conversions is set out in schedule 6 to regulation 12. The building regulations define ‘reasonably practicable’ as having regard to all the circumstances including the expense involved in carrying out the work. This means that an existing building will have to be improved, even if meeting the full standard is not practically achievable.

Applicants should specify to the verifier which version of the Technical Handbooks are being used for the proposed building design. If the verifier has any uncertainty around the intended use of a building or the handbook against which it has been designed, the verifier should discuss this with the applicant and seek an explicit statement confirming the design basis.

5.3 Conversions

Schedule 2 to regulation 4 sets out what changes in the occupation or use of a building are defined as conversions and are listed below:

Type 1. Changes in the occupation or use of a building to create a dwelling or dwellings or a part thereof.

Type 2. Changes in the occupation or use of a building ancillary to a dwelling to increase the area of human occupation.

Type 3. Changes in the occupation or use of a building which alters the number of dwellings in the building.

Type 4. Changes in the occupation or use of a domestic building to any other type of building.

Type 5. Changes in the occupation or use of a residential building to any other type of building.

Type 6. Changes in the occupation or use of a residential building which involve a significant alteration of the characteristics of the persons who occupy, or who will occupy, the building, or which significantly increase the number of people occupying, or expected to occupy, the building.

Type 7. Changes in the occupation or use of a building so that it becomes a residential building.

Type 8. Changes in the occupation or use of an exempt building (in terms of schedule 1) to a building which is not so exempt.

Type 9. Changes in the occupation or use of a building to allow access by the public where previously there was none.

Type 10. Changes in the occupation or use of a building to accommodate parts in different occupation where previously it was not so occupied.

Examples of these types can be found in section 0 of the Technical Handbooks.

Conversion can apply to part of a building as well as the whole building. Buildings as converted shall meet the building regulations to the extent specified in schedule 6 to regulation 12.

Where the change in occupation or use of a building does not fall under the definition of conversion it does not attract application of the building regulations unless there is alteration or extension to the building. However, other legislation may also apply to the building and may have an impact on historic fabric, for example the Housing (Scotland) Act 2006 (houses in multiple occupation) and the Equality Act 2010.

5.4 Alterations

Within the building regulations, the terms alteration and conversion are clearly defined. Conversions apply to situations where the building is subject to a change in occupation or use as described in schedule 2 of the building regulations.

Alterations refer to work carried out on an existing building where no change of occupation or use is involved. Alterations must comply with the full current standards relevant to alteration work. In addition, the whole building must not, as a result of the alteration, fail to comply with building regulations if it complied originally, or fail to a greater degree if it failed to comply originally. However, alterations to an existing building that are part of a conversion in terms of the Act are subject to wider application of the regulations, so that when converted the whole building complies more fully with all the standards.

There are allowances as few existing buildings can reasonably be altered to meet all aspects of current standards. Schedule 6 to regulation 12 sets out standards where a lower level of provision may be sufficient. It is essential to establish with the verifier where meeting the standards in full is not reasonably practicable, and early discussion will be necessary. When considering the nature and complexity of a building, a pre-warrant application discussion between the verifier and designers may be undertaken. A pre-warrant meeting would allow for initial discussion on key aspects of design such as fire safety and the means of escape strategy.

5.5 Extensions

Extensions to existing buildings must be constructed in such a way that the extension complies with all the current standards that are relevant to the construction and use of the extension. Where the extension is to a traditional building that is being converted, the standards that apply to the building, other than the extension, remain those that apply to a conversion of a type set out in schedule 2 of the building regulations.

5.6 Ruined buildings

Some buildings proposed for conversion or alteration may be in ruinous condition. When a ruin is being brought into use, the way in which the building regulations will apply depends on the specific circumstances. This will rely on engagement with the verifier to establish the best way to apply the building regulations and whether the work should be treated as a conversion or alteration. Some of Scotland’s ruined structures are protected as scheduled monuments. More information on their protection and management is contained in chapters 4 (Building definitions) and 6 (Heritage management structure).

5.7 Verifiers

In Scotland, the thirty-two local authorities are currently appointed by Scottish Ministers as verifiers to administer the building standards system for their own geographic area and are responsible for the interpretation of building standards legislation. While the Act allows for other bodies to be appointed as verifiers, since the introduction of the Act in May 2005, the only appointed verifiers have been local authorities. It is the role of the verifier to protect the public interest by providing an independent check of applications for building warrants. The verifier is responsible for granting building warrants and accepting or rejecting completion certificates after undertaking reasonable inquiry to check compliance with building regulations.

5.8 Approved certifiers

In the Act, two roles are established, certifiers of design and certifiers of construction. This permits suitably qualified people, businesses or other bodies – who have to be approved by Scottish Ministers – to certify that certain design or construction work complies with the building regulations. Detailed information on the appointment and role of verifiers and approved certifiers is found in the Procedural and Certification Handbooks that accompany the Building (Procedure) (Scotland) Regulations.

The certification of design is provided at warrant application stage and allows certifiers of design to self-certify aspects of the design meet the requirements of the regulations. Approved certifiers of design may be responsible for either:

• Specified building standards in schedule 5 of the Building (Scotland) Regulations 2004, or
• All the standards within one of the seven sections of the Technical Handbooks.

If the approved certifier is satisfied that the proposed design meets the relevant standard or standards, a certificate may be issued for submission with the building warrant. The certificate is taken as proof that the standards have been met for those aspects of the design that are relevant and the verifier will not check the design against these standards at design stage. As part of the certification process the verifier will check the certification register to ensure that the approved certifier is registered on the date on which the certificate was signed, and that the certificate is counter-signed by an approved body.

There are currently three certifiers of design schemes:

• SER Ltd (Structure)
• BRE (Energy)
• RIAS (Energy)

Approved certifiers of construction are responsible for the construction or installation of specified parts of a building. As with the design certificate, the certificate of construction is taken as proof that the construction complies with the full range of relevant requirements. The verifier will not check the elements covered by the certificate of construction.

There are currently three certifiers of construction schemes:

• SNIPEF (drainage, heating and plumbing)
• Certsure (NICEIC) (Electrical installations to BS:7671)
• SELECT (Electrical installations to BS:7671)

In the case of buildings of traditional construction, it is possible that an approved certifier may not have a full understanding or experience of design and construction associated with conversion of these buildings. Clients or their professional advisers are strongly advised to ensure that the approved certifiers, who are employed for design and construction certification purposes, have the necessary skills and experience to interpret and apply the standards sympathetically to these buildings. They should be able to recognise that what is appropriate for new build may be detrimental to the performance of a building’s historic fabric.

For further information on the certification process, reference should be made to the BSD website and the Certification Handbook.

5.9 Enforcement

For the purposes of enforcement under the Act, Section 35 gives specific protection to the following buildings in relation to serving statutory notices:

• Those included in the schedule of monuments compiled under section 1 of the Ancient Monuments and Archaeological Areas Act 1979 (c.46),
• Listed buildings under section 1 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997 (c.9),
• Buildings subject to building preservation notices under section 3 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997, or
• Those buildings in conservation areas subject to control of demolition under section 66 of the Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997.

In these cases, Scottish Ministers, the planning authority – or such other persons as the local authority think fit – must be consulted prior to notices being served, such as a building warrant enforcement or a defective building notice. It is for the local authority to determine the most appropriate course of action, taking into account the circumstances of each case. The satisfactory management of dangerous building incidents by local authorities is essentially the result of appropriate risk assessment.

Each dangerous building case should be dealt with on its own merits, as the local authority considers necessary. This may result in demolition, partial demolition or at a more basic level fencing off the building to prevent access to the dangerous building and any adjacent parts of the road or public place which appear to be dangerous due to the condition of the building. Further guidance is provided on urgent work and use of emergency powers by local authorities is provided in the Building Standards Enforcement Handbook.

In addition to the above noted buildings, sympathetic consideration may be given to those traditional buildings as defined in chapter 4 (Building definitions) prior to enforcement action.

5.10 Further reading

• Building (Scotland) Act 2003
• The Building (Scotland) Regulations 2004 (as amended)
• The Building (Procedure) (Scotland) Regulations 2004 (as amended) procedures regulations.
• Housing (Scotland) Act 2006 (houses in multiple occupation)
• Equality Act 2010
• Scottish Government (2012) Building Standards Certification handbook
• Ancient Monuments and Archaeological Areas Act 1979
• Planning (Listed Buildings and Conservation Areas) (Scotland) Act 1997