A building warrant is required for all building work and conversions to which the Building (Scotland) Regulations 2004 applies and applications must be made to the verifier. It is an offence for anyone to carry out such work without first getting a building warrant. There is one exception, Regulation 5 allows some work to be done without a warrant if it is work listed in schedule 3 of the regulations.
Applications are made to the verifier who provides an independent check. Verifiers are appointed by Scottish Ministers and currently each local authority has been appointed as verifier for their own geographical area. Home owners may wish to contact their local authority building standards service at an early stage, and before commencing building work, to confirm whether or not a building warrant is required. The verifier will agree with the applicant what information such as drawings, specifications and other detail are required to enable the check for compliance with the regulations. A fee is payable at the time of application based on the estimated value of the work.
When work or a conversion is complete a completion certificate must be submitted to the verifier and a new building, including an extension, or a converted building cannot be occupied until the completion certificate has been accepted by the verifier.
Further details including the fees table are contained in the Scottish Building Standards Procedural Handbook.
Home Conversions
A building warrant is required for some changes of use or occupation. These are defined in schedule 2 of the Building (Scotland) Regulations 2004 and known as conversions. The concerted building must meet the current technical standards and, even if no building work is proposed, a building warrant is required. Examples of conversions are the use of an attic space within a dwelling as a room or the use of a garage attached to a dwelling as a room.
Changes to design
An amendment to a building warrant (Form B) is required before work starts on areas of construction that do not follow the proposals in the original approved drawings and/or specifications. The application is made to the verifier and the changes cannot be done until the amendment to building has been granted.
Building Warrant Enforcement Notice
When work has been done without, or not in accordance with, a building warrant, or if changes are made without first getting an amendment, the local authority can serve a building warrant enforcement notice.
How to apply for a Building Warrant
An application for building warrant (Form A) should be made on forms available from the verifier (currently the local authority for the area in which the work is being done). A warrant application may be made and signed by anyone wishing to do building work, or this may be done through an agent. Electronic signatures are acceptable when the verifier has the facilities to accept electronic applications and you should check with your local authority first.
The Building (Procedure) (Scotland) Regulations 2004 sets out in schedule 2 the information to accompany an application for a building warrant. This information will normally be provided on drawings, but written schedules can also be used where appropriate. Large projects require extensive information, but for small or very simple work the verifier may agree to accept less information. Details of the type of information are given in the Scottish Building Standards Procedural Handbook. Each drawing in an application must have a different reference number. Advice on the information required should be sought from the verifier.
Certification of specific aspects of work can be done as part of the building warrant process and may mean less detailed information is needed with the application. An Approved Certifier of Design can provide a certificate stating that particular aspects of the work will comply with the building regulations. When a certificate is provided with the building warrant application there is a discount on the building warrant fee (a discount is also available if the application includes the intention to use an Approved Certifier of Construction - see below) The verifier must check the validity of the certificate but does not have to check the design covered by it. They must accept it provided it has been issued in accordance with the conditions which apply to the certifier or scheme. When an amendment to building warrant is necessary a new certificate may be required.
How to submit a completion certificate
On completion of the work or conversion the relevant person, usually the owner, must submit the completion certificate to the verifier. This confirms that the work or conversion has been carried out in accordance with both the building warrant and building regulations. When necessary the submission must include a copy of the energy performance certificate. It can also include a certificate from an Approved Certifier of Construction as certification of specific aspects of work can be done as part of the completion certificate process. The verifier must check the validity of the certificate but does need to check the work covered by the certificate. A discount is available on the warrant fee provided the intention to use an Approved Certifier of Construction is declared on the building warrant application.
The verifier must accept the completion certificate as long as they are satisfied that the work or conversion is compliant. If they are not satisfied they must reject it. A new building, extension or conversion cannot be occupied unless the completion certificate has been accepted by the verifier. Although the restriction in occupation does not apply to buildings being altered a completion certificate must still be submitted.
Further details on all procedures are contained in the Scottish Building Standards Procedural Handbook.