4 Who should submit a building warrant application?
Who should prepare and submit a building warrant application?
The building owner, tenant, or developer can apply for a building warrant.
It is important that those responsible for submitting a building warrant application have a clear understanding of the building standards system, roles and responsibilities, and the building regulations. This will help ensure that the information submitted with an application shows compliance with the building regulations.
Appointing someone to act as an agent on your behalf
If you are unsure about your responsibilities, or the building standards procedures and technical requirements, you should consider appointing someone to act as an agent on your behalf.
This should be a suitably qualified and experienced building professional, for example an architect, building surveyor or structural engineer.
They will be able to advise you about the design of your proposed work and generally look after your interests from design through to completion.
Why use an agent?
They should be able to prepare and submit a better quality building warrant application on your behalf, as they have the relevant knowledge and experience of the building standards system and building regulations.
As the building owner is legally responsible for making sure the building work meets the building regulations, appointing an agent will help to assure that the information submitted with the application will show that the design meets building regulations. To satisfy yourself that you are choosing the appropriate agent, you may ask them for proof of their competence and experience of carrying out similar work.
Note: A qualified professional is normally subject to a code of conduct and is typically covered by professional indemnity insurance which the client can ask to see for reassurance.
Using an Approved Certifier of Design or Construction
There are aspects of design and construction work that can be certified by Approved Certifiers of Design or Construction confirming the work meets building regulations.
A certifier must be registered with a Certification Scheme that is approved by Scottish Ministers. Scheme Providers have the responsibility to ensure the people approved as certifiers have the competence to certify that their work meets the building regulations.
Why use an Approved Certifier?
The benefit of using an Approved Certifier of Design is that it takes less time for a verifier to process the initial building warrant application. By using an Approved Certifier of Construction, it removes the need for the verifier to check the certified work before accepting a completion certificate. By using an Approved Certifier of Design or Construction, you are entitled to a discount on the building warrant fee.
Before declaring on the building warrant application form that you are using an Approved Certifier of Design or Construction, you must be sure that the person you intend on using is registered. If you are unsure about this, you should confirm with them prior to stating it on your application. You can find an Approved Certifier of Design or Construction to certify building work on the Scottish Government’s certification register, which you can access through the building standards website.
Note: An installation certificate is not the same as a certificate of construction. For example, an electrical test/installation certificate is not the same as a ‘Certificate of Construction’ for electrical work. If you state on the building warrant application that you intend to use an Approved Certifier of Construction, and do not use one, you will be required to repay the discount you received at submission stage to the verifier.
The Customer Journey provides more useful information on the certification process.