CONSULTATION ON REGULATIONS IN SUPPORT OF THE BUILDING (SCOTLAND) ACT
12 Verifiers
12.1 Appointment of verifiers
12.1.1 The Scottish Ministers may appoint individuals or bodies, either public or private, to verify applications for building warrants.
12.1.2 At present the following bodies are approved as verifiers:
- [all 32 Scottish Local Authorities, for all non Crown building work
- the Scottish Building Standards Agency for Crown building work
The Scottish Ministers have developed criteria for the approval of verifiers, which can be found on the Agency website at www.sbsa.gov.uk - all yet to be confirmed]
12.1.3 Verifiers are appointed on terms, and for a period, specified by the Scottish Ministers. Whenever the appointment of a verifier is terminated, the Scottish Ministers must appoint another verifier to deal with warrant applications and completion certificate submissions still undetermined, including future completion certificate submissions related to warrants previously determined by the verifier.
12.1.4 Should it become necessary, the Scottish Ministers may exercise the functions of a verifier. They may also direct a verifier to refer a warrant application or submission of a Completion Certificate to them, in the following circumstances:
- the verifier requests the Scottish Ministers to deal with the case, or
- the Scottish Ministers consider that the verifier is incapable for any reason of exercising the functions of a verifier in this case.
12.1.5 A verifier is not entitled to verify any application in relation to which they have an interest, unless specifically permitted to do so by direction. At present, the Scottish Ministers have directed [each local authority that it may act as verifier for projects in which the authority has an interest subject to the following conditions-yet to be decided]. Having an interest in a building is taken to be where the verifier is the owner, tenant or occupier of a building, including any prospective building, or is acting as the developer, or has taken a substantial share in the [equity/ownership]. [Different definitions of interest may apply to different verifiers and partnerships - yet to be decided].
12.1.6 Initially, local authorities are appointed for [8 years - yet to be decided], with subsequent appointment periods varying, depending on performance and the need to stagger the audit role of the Agency.
12.2 Performance criteria for verifiers
12.2.1 The Scottish Ministers may give directions to verifiers, of either a general or specific nature, as to how the verifier should carry out their function. These directions may be to a particular verifier, or to some, or to all.
12.2.2 [At present, there is an agreement with verifiers that performance indicators will be met - all yet to be decided]
12.2.3 A verifier that is also an approved certifier of design or an approved certifier of construction may not verify any application for a building warrant or accept a Completion Certificate where it has issued a certificate.
12.3 Auditing of verifiers
12.3.1 The Agency, on behalf of Scottish Ministers, conducts audits of the effectiveness of verifiers. [details all yet to be agreed with verifiers and Audit Scotland].
12.3.2 The Agency audit has regard to [yet to be decided].
12.4 Lists of verifiers
12.4.1 The Scottish Ministers must keep lists of verifiers available for public inspection at all reasonable times. The lists include details of the matters the verifier is authorised to deal with, and can be found on the Agency website at www.sbsa.gov.uk.