Enforcement

The Scottish Government considered it necessary to have an ongoing, independent body to enforce building legislation, with local knowledge and resources. Enforcement is the responsibility of the local authorities and covers the following areas:

  • Section 25 Building regulation compliance notices to enable Government, through local authority notices, to require the existing buildings to be brought up to current regulations.
  • Section 26 Continuing requirements notices to ensure continuing compliance despite uncontrolled changes.
  • Section 27 Building enforcement notices for work not covered by a building warrant, work not in accordance with a warrant or a limited life building has not been demolished by the expiry of the period for which a warrant has been granted.
  • Section 28 Defective building notices for buildings that have defects that require to be dealt with to prevent significant deterioration.
  • Section 29 Dangerous building action, either immediate or urgent, to prevent access to and/or demolish the dangerous areas to secure the protection of the public.
  • Section 30 Dangerous building notices serve on the owner of a dangerous building that requires urgent action.

Where an owner does not comply with an enforcement notice, the local authority may then carry out the necessary work to make the building/work comply and can recover the costs from the owner.

Building regulations compliance notices (s25)
To enable Government, through local authority notices, to require the existing buildings to be brought up to current regulations.
Continuing requirements (s26)
Notices to ensure continuing compliance despite uncontrolled changes.
Building warrant enforcement notices (s27)
Notices for work not covered by a building warrant, work not in accordance with a warrant or a limited life building has not been demolished by the expiry of the period for which a warrant has been granted
Defective building notices (s28)
Notices for buildings that have defects that require to be dealt with to prevent significant deterioration.
Dangerous buildings (s29)
Action, either immediate or urgent, to prevent access to and/or demolish the dangerous areas to secure the protection of the public.
Dangerous building notice (s30)
Notices serve on the owner of a dangerous building that requires urgent action.
Recovery of Costs
A local authority entitled to recover any expenses under section 25(7)(b), 26(3)(b), 27(7)(b), 28(10)(b), 29(2) or (3) or 30(4)(b)