Publication - Advice and guidance
Building standards enforcement handbook: first edition
The building standards enforcement handbook provides clarification on the enforcement powers for local authorities as set out in the Building (Scotland) Act 2003.
This document is part of a collection
Annex B
Other offences
| Section | Subject matter | Description of provision | Penalty for offences | |
|---|---|---|---|---|
| Section 48 Level of fine | Other section level of fine | |||
| Building warrants | ||||
| 8(2) | Building warrants | Where work/conversions are carried out without a building warrant, or where a warrant has been granted, otherwise than in accordance with the warrant, (a) any person carrying out the work or making the conversion, (b) any person on whose behalf the work is being carried out (or conversion made), are guilty of an offence. If the owner does not fall into (a) or (b), the owner is guilty of an offence. | 5 | |
| 11(4) | Building warrants: certification of design | Any approved certifier of design who issues a certificate containing a statement they know to be false or misleading in a material particular or recklessly issue a certificate which is false/misleading in a material particular is guilty of an offence. | 5 | |
| 14(5) | Building warrants: limited life buildings | Where the warrant is subject to the condition that the building is demolished by the expiry of the period stated in the application, but does not constitute a warrant for the demolition and the owner of the building fails to demolish the building by the expiry of the relevant period, the owner is guilty of an offence. | 5 | |
| 14(6) | Occupation of building with expired building warrant | Any person who after the expiry of the period specified in the warrant (or the period as extended or further extended), occupies or uses the building to which the warrant relates knowing that the period has expired or without any regard for whether the period has expired, is guilty of an offence. | N/A | Unlimited |
| 16(1) | Applications and grants: offences | 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 a material particular or recklessly makes such an application containing such a statement, is guilty of an offence. | 5 | |
| 16(2) | Any verifier who grants a building warrant or makes an amendment to a warrant knowing that the application for the warrant or amendment contains a statement which is false in a material particular, is guilty of an offence. | 5 | ||
| Completion Certificates | ||||
| 19(4) | Completion certificates: certificates of construction | Any approved certifier of construction who issues a certificate containing a statement they know to be false or misleading in a material particular or recklessly issue a certificate which is false/misleading in a material particular, is guilty of an offence. | 5 | |
| 20(1) | Completion certificates: offences | Any person under the 2003 Act 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. | 5 | |
| 20(2) | Any verifier who accepts a completion certificate submitted to it knowing that the certificate contains a statement which is false in a material particular, is guilty of an offence. | 5 | ||
| 21(5) | Occupation or use without completion certificates | Any person who occupies or uses a building which is being, or has been constructed or converted by virtue of a warrant, or without a warrant on condition that no completion certificate has been accepted (other than solely for the purpose of its construction or conversion), knowing that no completion certificate has been accepted, or without any regard for whether a completion certificate has been accepted is guilty of an offence unless the occupation or use is authorised by a permission granted under section 21(3). | N/A | unlimited |
| Enforcement | ||||
| 25(7)(a) | Building regulations compliance | If by the date specified in a "building regulations compliance notice" (or such other date as may have substituted), the owner has not complied with the requirements of the notice, the owner is guilty of an offence. | 5 | |
| 26(3)(a) | Continuing requirement enforcement notices | If by the date specified in a "continuing requirement enforcement notice" (or such other date as may have substituted), the owner has not complied with the requirements of the notice, the owner is guilty of an offence. | 5 | |
| 27(7) | Building warrant enforcement notices | If by the date specified in a "building warrant enforcement notice" (or such later date as the local authority may have substituted), the person on whom the notice is served has not complied with the notice is guilty of an offence, that person | 5 | |
| 28(9) and 28(10) | Defective buildings | Where the owner has either not started or not completed work by the relevant specified dates, the owner is guilty of an offence. | 5 | |
| 30(3) and 30(4) | Dangerous buildings notices | Where the owner has not begun, or has not completed, work required by a dangerous building notice by the date specified in the notice for its commencement or completion (or such later date as the local authority may have substituted), the owner is guilty of an offence. | 5 | |
| Functions | ||||
| 34(2) | Reports and information | Any local authority, verifier or certifier which knowingly or recklessly provides information in pursuance of section 34(1) which is false or misleading in a material particular, is guilty of an offence. | 5 | |
| Documents | ||||
| 37(4) | Service of notices etc. | Any person who having been required by a notice to give information and refuses or fails to give that information, makes in respect of that information any statement which that person knows to be false or misleading un a material particular, is guilty of an offence. | N/A | 3 |
| Entry, inspection and tests | ||||
| 39(6) | Powers of entry, inspection and testing | A person who refuses or fails, without reasonable excuse, to comply with a requirement made under subsection (5), or intentionally obstructs a person acting in the exercise of any power conferred by subsection (1) or (3). | N/A | 3 |
| Evacuation of buildings | ||||
| 43(1) | Unlawful occupation of evacuated buildings | Any person who has removed from a building in compliance with a requirement under section 42, or has been ejected from a building under schedule 5 (evacuation of buildings) and thereafter occupies the building, is guilty of an offence. | N/A | unlimited |
| Execution of works | ||||
| 49 | Offences by bodies corporate etc. | Makes provision in relation to offences committed by bodies corporate, local authorities, partnerships and unincorporated associations. Specified responsible individuals within these bodies may be liable to prosecution and punishment in addition to the body in question. | 5 | |
Contact
Email: buildingstandards@gov.scot
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