Skip to main content

User account menu

  • Log in
Home
Menu

Main navigation

  • Futures Board
  • News
  • About us
    • Working Groups
    • LABSS Executive and management board
    • LABSS Stakeholders
    • A Workforce Strategy for the Building Standards Verification Service
    • Advice on a Dispute Resolution Process
    • LABSS Organisational Structure
    • Memorandum of Understanding SFRS
    • Verification
  • Advice
  • Publications
  • Certification
  • Careers

Main navigation

  • Futures Board
  • News
  • About us
  • Advice
  • Publications
  • Certification
  • Careers
  • Building Standards Hub Pilot
  • Working Groups
  • LABSS Executive and management board
  • LABSS Stakeholders
  • A Workforce Strategy for the Building Standards Verification Service
  • Advice on a Dispute Resolution Process
  • LABSS Organisational Structure
  • Memorandum of Understanding SFRS
  • Verification
  • Applying for a Building Warrant
  • Owners and Developers Responsibilities
  • Starting your building project
  • Scottish Government Building Standards Division
  • For Homeowners
  • Starting your building project
  • Owner and devleoper responsibilities
  • COVID-19 Information
  • LABC Registered Construction Details
  • LABSS Information Papers and Guidance
  • Local Authority Performance Report
  • Resource Search
  • Certifiers of Construction
  • Certifiers of Design
  • Verification of Certified and Non-Certified Routes for Compliance
  • LABSS Ambassadors
  • Building Standards Hub - Central Fire Hub
  • Verification Workforce Strategy
  • Enforcement
  • Other local authority services
  • LABSS Consortia
  • Ministerial Views and Relaxations
  • LA Performance Links
Browse

Main navigation

  • Futures Board
  • News
  • About us
  • Advice
  • Publications
  • Certification
  • Careers
  • Building Standards Hub Pilot
  • Working Groups
  • LABSS Executive and management board
  • LABSS Stakeholders
  • A Workforce Strategy for the Building Standards Verification Service
  • Advice on a Dispute Resolution Process
  • LABSS Organisational Structure
  • Memorandum of Understanding SFRS
  • Verification
  • Applying for a Building Warrant
  • Owners and Developers Responsibilities
  • Starting your building project
  • Scottish Government Building Standards Division
  • For Homeowners
  • Starting your building project
  • Owner and devleoper responsibilities
  • COVID-19 Information
  • LABC Registered Construction Details
  • LABSS Information Papers and Guidance
  • Local Authority Performance Report
  • Resource Search
  • Certifiers of Construction
  • Certifiers of Design
  • Verification of Certified and Non-Certified Routes for Compliance
  • LABSS Ambassadors
  • Building Standards Hub - Central Fire Hub
  • Verification Workforce Strategy
  • Enforcement
  • Other local authority services
  • LABSS Consortia
  • Ministerial Views and Relaxations
  • LA Performance Links
  1. Home
  2. About Local Authority Building Standards Scotland (LABSS)
  3. Working Groups
  4. Enforcement
  5. Section 26 - Continuing Requirements

Section 26 - Continuing Requirements

Continuing Requirements can be imposed by verifiers or by Scottish Ministers.

When granting a building warrant or accepting a completion certificate, the verifier (Local Authority Building Standards Service) may impose a continuing requirement under Section 22 of the Building (Scotland) Act.

This imposes on a building owner a duty that must be fulfilled after the completion of the building to ensure the purposes of the building regulations are not frustrated. This is not intended to cover matters that always rely on adequate maintenance, such as the operation of lifts or the recoating of woodwork. Nor is it for matters under health and safety or fire precautions legislation, such as testing of fire alarms. In general, it is also not for matters that involve action on the part of the owner.

It is for special cases where the arrangements agreed for complying with the building regulations might be frustrated by uncontrolled changes. A typical example would be acceptance of a moveable platform for cleaning windows subject to a continuing requirement that adequate access and hard surfaces are provided and then kept clear and properly surfaced thereafter. Such continuing requirements, therefore, relate to activities or actions happening to a building element, not the building element in itself.

Scottish Ministers can also impose continuing requirements on building owners.

Ministers can include in the building regulations certain matters that apply after the building warrant and completion certificate process is complete. The requirements may even be imposed on existing buildings, whenever built. The intention is to allow Scottish Ministers to impose continuing requirements nationally.

The local authority for is responsible for the enforcement of continuous requirements, whether imposed by verifiers or by Scottish Ministers, where building owners have failed in their duty.

The local authority may serve a notice on the owner of a building requiring compliance (see section 26 of the Act for details). If, by the final specified completion date, the owner has not complied with the notice, the owner is guilty of an offence. The local authority may then carry out the necessary work to make the work comply with the specified provision and can recover the costs from the owner For further guidance see The Buildings (Recovery of Expenses) (Scotland) Act 2014. The principal Act is the Building (Scotland) Act 2003 More information is available from the Building (Procedure) (Scotland) Regulations 2004​ and the Procedural Handbook Third Edition Version 1.4 February 2015

Footer

  • Scottish Building Standards Hub - National Approvals - www.sbsh.scot
    • Scottish Type Approval Scheme
    • Dispute Resolution Process
  • About LABSS
    • LABSS Management
    • Verifier Workforce Strategy
  • News & blog
    • News
    • England and Wales
LABC logo © 2025 LABC Website by IE Digital

Contact

LABSS Business Contacts

31 Park Road, Brechin, DD9 7AE
E-mail: labss@labss.org

Russell Watson MCABE

LABSS Business Support and Communications Director
Email: labss@labss.org

Bob Renton FRICS

LABSS Finance Director
Email: labss@labss.org

Footer menu

  • Terms & Conditions
  • Privacy Notice

Connect with us

  • Twitter
  • YouTube
  • Futures Board
    • Building Standards Hub Pilot
      • Building Standards Hub - Central Fire Hub
      • Verification Workforce Strategy
  • News
  • About us
    • Working Groups
      • Enforcement
        • Recovery of Costs following Enforcement Action
        • Section 26 - Continuing Requirements
        • Section 27 - Building Warrant Enforcement Notices
        • Section 28 - Defective Building Notice
        • Section 29 - Dangerous Buildings
        • Section 30 - Dangerous Building Notice
      • Other local authority services
        • Emergency Planning
        • Property Enquiries
        • Safety at Sports Grounds
        • Street Naming and Numbering
    • LABSS Executive and management board
      • LABSS Consortia
    • LABSS Stakeholders
    • A Workforce Strategy for the Building Standards Verification Service
    • Advice on a Dispute Resolution Process
    • LABSS Organisational Structure
    • Memorandum of Understanding SFRS
    • Verification
  • Advice
    • Applying for a Building Warrant
    • Owners and Developers Responsibilities
    • Starting your building project
    • Scottish Government Building Standards Division
      • Ministerial Views and Relaxations
    • For Homeowners
    • Starting your building project
    • Owner and devleoper responsibilities
    • COVID-19 Information
  • Publications
    • LABC Registered Construction Details
    • LABSS Information Papers and Guidance
    • Local Authority Performance Report
      • LA Performance Links
    • Resource Search
  • Certification
    • Certifiers of Construction
    • Certifiers of Design
    • Verification of Certified and Non-Certified Routes for Compliance
  • Careers
    • LABSS Ambassadors