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Building Bill passed by Parliament

20/02/2003

The Building (Scotland) Bill was today passed by the Scottish Parliament, providing a modernised building standards system.

The Bill will:

  • Improve safety provision in new buildings leading to better protection of the public
  • Increase local authorities' powers of inspection in relation to potentially dangerous buildings
  • Reduce red tape and delays in the construction process
  • Assist in improving house buying by making it easier for homebuyers to discover whether unwarranted work has been done
  • Help raise standards in building, including their sustainability so that they will last longer in Scotland's climate

Welcoming the passing of the Bill, Margaret Curran, Minister for Social Justice, said:

"This is an important Bill which will ensure that the building standards system is able to meet the needs of the public, business and the environment now and in the future.

"Its primary purpose is to improve the protection of the public through better verification processes and improved enforcement. The tragic death of Christine Foster in Edinburgh led us to enhance the powers of local authorities in respect of dangerous buildings and I hope this Act will help ensure that such tragedies never happen in the future.

"We listened to business and have created more flexibility in the building standards process, enabling speedier progress. And house-buyers will also benefit with more comprehensive information available on properties.

"This Act is the result of over two years of consideration and consultation with many key stakeholders. It will build on the strong platform which is delivered currently by all who work with building standards."

The origins of Scotland's current building control system lie in the 1957 Guest Report which recommended establishing a comprehensive building code in the form of national regulations, to protect the public interest as regards health and safety. The Guest recommendations were accepted and the Building (Scotland) Act 1959 was passed. The first set of Building Standards (Scotland) Regulations under the Act was made in 1963, and came into force in 1964.

2. The Building (Scotland) Act 1970 amended the 1959 Act, principally to allow the transfer of power to relax regulations to local authorities and introduce an appeals system. Responsibility for making regulations was devolved to Scottish Ministers in 1999 and the Scottish Executive is responsible for preparing and issuing the Technical Standards for compliance with the regulations.

The initial consultation paper issued in April 2000 invited suggestions and ideas from people and organisations with an interest in improving building standards and the administration of the existing building control system. A second consultation issued in July 2001 set out framework proposals for a new building standards system. The pre-legislative consultation launched in March 2002 built on these proposals and received broad support from public and private sectors.

The Building (Scotland) Bill was passed by the Scottish Parliament on 20 February 2003. The new building standards system introduced by the Act will come into force in April 2005. Announcements will be made in due course in relation to the commencement of the Act, associated regulations and the creation of the Scottish Building Standards Agency.

The Bill can be found on the Scottish Parliament website.

Page updated: Wednesday, July 21, 2004