SCOT. B S' HUB

Your responsibilities under the Building (Scotland) Act 2003 and supporting legislation.

The property owner is ultimately legally responsible for making sure that all work complies with the building regulations. The local authority can take enforcement action against the property owner where this is not the case.

Before applying for a building warrant, it is your responsibility to ensure that you have written permission from the property owner if you are not the owner.


The person having the work carried out should make sure that all work requiring a building warrant is undertaken by a qualified and experienced building professional, ideally registered with a reputable trade or professional body. If in doubt, seek advice from your local authority building standards service or from your agent if you have appointed one to act on your behalf.

Construction work cannot begin before the building warrant has been granted.

It is a legal requirement that you have a building warrant granted before work is started. If you do not have a building warrant the local authority may start formal enforcement action and stop your work. This will lead to delays and additional costs for the processing of the building warrant application. Your local authority may also require work to be opened up or tests to be carried out to show that compliance with the building regulations has been achieved. You must notify the local authority of commencement in writing.

Once work has commenced:

You should make sure that your work is supervised by someone with sufficient expertise. The work must be completed in accordance with the approved plans and is compliant with the building regulations. For all building, repair and maintenance work – even work that is not required to satisfy the building regulations – it is recommended that you use the services of a qualified and experienced building professional, ideally registered with a reputable trade or professional body for example an installer having current membership of an accredited registration scheme operated by a recognised trade body or professional body. You must notify the local authority at the stages identified in the Construction Compliance and Notification Plan (CCNP).

Use of a new building or extension:

You are breaking the law and may be fined if you occupy or use a new building, or new extension, or a converted building prior to a completion certificate being accepted by the local authority.


• If you wish to apply for early occupancy, you must submit an Application for Temporary Occupation or Use to your local authority building standards service.

• This must be granted by your local authority using an Authority for Temporary Occupation or Use prior to taking up occupancy.

Once work has completed:

You must sign the completion certificate and submit it to your local authority building standards service.

In signing the completion certificate, you are declaring that work has been carried out in accordance with the building warrant and that it complies with building regulations.