The Building Standards Division publishes anonymised details of cases referred to it for a Ministerial View. The published details will include:
- The functional standard(s) over which there is doubt about compliance;
- The technical context to help explain how the issues have arising; and
- The key elements of the view response, including the interpretation of any relevant guidance.
Each case is treated anonymously in order to preserve the privacy of the applicant for building warrant and their building project.
We hope the information published in this format will be helpful, but it should be noted that the details should only be considered in connection with the individual project referred for a view rather than setting a precedent for all future similar projects.
For any particular building, a person may apply to Scottish Ministers for a direction to either relax or dispense with a provision of the building regulations. The building regulations designate certain provisions that may not be relaxed, although there is currently no designation in relation to the building standards themselves.
Where Scottish Ministers consider it unreasonable that the provision should apply to that building they may issue a direction. The direction may set conditions and a date for expiry. Any direction may also be revoked or varied by a further direction. There is no requirement to consult before issuing a direction in relation to a particular building but the fire service will normally be consulted for any question related to fire matters. If the application for relaxation relates to an existing warrant application and particularly where a warrant has been granted, the verifier will also normally be consulted.
The Procedural Handbook provides further information, and applications should be made on model form BSD1 - Application to Scottish Ministers for Relaxation of Building Regulations for a Particular Building
A list of determined relaxations since 2005 is provided.