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.

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9  Service of Notices

9.1 Who is served with a notice

Section 37 - Service of notices etc sets out how LAs serve enforcement notices on a person under sections 25 to 29. When serving a notice, LAs must, unless the person being served is the owner of the building in question, serve a copy of the notice on the owner. Similarly, LAs must, unless the person being served is the occupier, serve a copy of the notice on the occupier.

In addition, a copy of the notice must be served on any other person appearing to LAs to have in interest in the building.

The service of notices under the Act is carried out as provided in section 192, subsections 1 to 4, of the Local Government (Scotland) Act 1973[2].

The provisions set out in the Local Government (Scotland) Act 1973 confirm the notice should be posted or delivered to the home or business address of the owner or relevant person as appropriate.

Where the owner (or relevant person) resides outwith the LA's geographic area the notice can be addressed to the factor, agent or persons drawing any rent for the premises.

Where LAs are not able, after reasonable inquiry, to ascertain the address of the person on whom the notice is to be served it can be delivered to the premises to which the notice relates with the notice addressed to the name of the owner, where known, or the 'owner' or 'occupier' where it is not. In these cases the notice may be delivered to some person on the premises or if no one is present the notice may be affixed in a conspicuous position. Any concerns relating to protection of personal data in line with the General Data Protection Regulation (GDPR) should be raised with the LA's GDPR adviser.

Proof of serving the notice can be demonstrated by the production of a certificate from the person posting, delivering or affixing the notice witnessed by a person present at the time of serving the notice.

The notice is issued to a named individual who is the owner (or relevant person where appropriate under section 27) of the building subject to the enforcement action. The notice can be issued by email to the owner of the building from an official LA account as this will confirm the date and time of issue for audit purposes. When preparing the notice, LAs will detail the required steps to be taken by the named person to secure compliance with building regulations.

9.2 Enabling the serving of a notice

To support the serving of notices, LAs may require the occupier or anyone who receives rent in respect of any premises to state the nature of the interest in the premises held by the person being served the notice and also the name and address of anyone else known to that person who has an interest in the premises.

Anyone required to provide such information who refuses or fails to give that information or makes a false or misleading statement is guilty of an offence liable on summary conviction to a fine to exceeding Level 3 on the standard scale set in the Criminal Procedure (Scotland) Act 1995[3].



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