Where Scottish Ministers consider it essential that certain types of existing building should be required to comply with the current standards, they may direct local authorities to take action to secure that these buildings are made to comply. Whilst this power is expected to be used rarely, it can happen if particular problems come to light.
The local authorities, via the Building Standards Service, will then serve on the owners of the identified buildings of a ‘building regulations compliance notice’ under section 25 of Building (Scotland) Act. The local authorities may also serve a notice where it appears any other building of the prescribed type does not comply and this provision of the Act will apply if the initial identification was of specific buildings.
The notice will specify: -
- the provision of the regulations to be met,
- a date not less than 28 days after the notice takes effect after which the building must comply,
- any particular steps that must be taken and the date the notice comes into effect.
The issue of a building regulations compliance notice does not preclude the need to obtain building warrant approval if a warrant is required for the work.
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 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