Building (Procedure) (Scotland) Amendment Regulations 2024: island communities impact assessment

Consultation / Engagement

30. The full consultation package was published on the Scottish Government website for a period to twelve weeks, from 31 July to 23 October 2024. A total of 354 responses to the consultation were received. The consultation, responses and the consultation analysis report is published online on the consultation webpage.

31. Engagement on review topics was primarily with people who are directly involved in the delivery of new buildings or new building work in island communities, as clients, developers, designers, contractors or public bodies.

32. In support of discussion with island communities, two engagement session were run in partnership with the Highlands and Islands Housing Associations and the Highlands and Islands Liaison Group during September 2024. Representatives from island communities are also present on the Departmental Working Group.

33. Responses to the consultation were received from designers, developers, housing associations and local authorities of island communities. Themes highlighted in responses to the stage one consultation included:

• that use of regional weather data could place a disproportionate burden on those in remote or rural areas
• that recognition of Passivhaus certification may developers did not need to pay for other compliance measures, or result in increased building costs especially in rural areas
• on the issue of absolute performance targets, some felt it could place a disproportionate burden on those in remote or rural areas
• that an enhanced compliance regime may slow the design process and building programmes, increase costs, lead to confusion in roles and responsibilities, and represent a challenge for small scale, rural, or large temporary installation projects.
• The observation that the option of connection to a heat network was not often an opportunity, or inappropriate, for remote, rural and sparsely populated areas
• The general concern that higher standards may perpetuate inequalities and disadvantage residents and contractors in rural and island areas

34. As part of a campaign response there was a general concern the increasing levels of regulation and additional standards being applied to the sector in Scotland, highlighting their view that this will lead to higher build costs, particularly in rural areas.

35. It was recognised that a more extensive programme of engagement would not be undertaken until detailed proposals on the extent of changes to performance targets and processes was in development.

36. From the above, two key themes from the most recent review exercise were also identified as general concerns and merit citation in the context of engagement with island communities when developing proposals for summer 2025 consultation.

• Cost of development is higher. This can be significantly under-assessed if relying on standard sources of cost information (e.g. Building Cost Information Service, (BCIS)). The local context and nature of a project can significantly increase project costs, particularly on the smaller or more remote isles.

Whilst land prices are less, development work on the islands costs more and delivers a product that, as a marketable asset, often has a lower value than in more populous or central areas. Examples of projects running at 145% above central belt costs were offered (BCIS stops at 130%).

For publicly funded work, assessments should include consideration of previous local project data. Affordable housing was often raised as an example of where funding often does not approach what is actually needed to deliver a given project.

• Limits of ‘one-size fits all’ regulation. Application of national building regulations may deliver intended outcomes but may sometimes not be the ‘best fit’ for local conditions. Whilst significant issues have not been raised in the past, this is a known discussion topic. Often stemming from reference to, or application of, British or EU standards for construction work. Examples are not specific to island communities but to areas with less access to solutions or with more extreme climate.

National standards apply national factors (e.g. for emissions) which do not always ‘fit’ local situation – e.g. applying factors for grid electricity where an island is not connected to the National Grid. As with national building regulations, a ‘one-size fits all’ approach to supporting data has useful limits.