High risk buildings - verification during construction: compliance plan approach - background and implementation

6. Agent of the Relevant Person

On major projects, as part of a building warrant application, a RP will normally appoint an agent, to manage and progress their application.

In terms of the Building (Scotland) Act 2003 (the Act) and secondary legislation, an appointed agent can submit a building warrant application on behalf of their RP, and may also sign the compliance declaration, on a completion certificate submission.

This declaration is a confirmation on a statutory form that the work was carried out, or a conversion made in accordance with the approved building warrant. It also confirms that the building(s) as completed comply with building regulations.

This has been the case since the Act came in to force in 2005. Additionally, although an agent may complete and sign this declaration, the offence is the act of submitting the completion certificate, if it contains a false or recklessly made statement.

The Act states that after the completion of the work or conversion in respect of which a building warrant has been granted, the RP must submit to the verifier a completion certificate certifying compliance with the approved warrant and the building regulations.

The offence under section 20 of the Act in regard to completion certificates is not therefore falsely or recklessly signing a completion certificate declaration, but one of submission.

That is not to say that contractors, developers or designers have no responsibility and cannot commit offences under the Act. In a recent case both a developer and builder were charged with offences as they were the person carrying out work, or the person on whose behalf work was carried out, which was not constructed in accordance with the approved building warrant.^[15]

The RP should ensure that they have appointed an agent (and/or other parties) who is able to provide them with competent advice and services, with regard to the competent submission of a building standards completion certificate.

It should be noted that Section 49 of the Act has provisions which describes offences by bodies corporate.^[16]

The implementation of the CPA brings a focus onto the professional advice procured by a RP, with the mandatory role of CPM expected to be implemented through a change to legislation. Where guidance is being followed in advance of this legislative change, RPs are advised to employ a competent agent with a responsibility for leading on compliance with building standards legislation and guidance.