Notes
1 The name and address of the owner is required, as the Act
requires the owner to be informed if a building warrant is
granted.
2 If work has started, the regulations which apply are those at
the date of this application, and the fee to be paid will be
higher because the verifier will require to inspect the work.
Disruptive surveys may be needed to establish what has been
constructed. It should be noted that this
is not a mechanism to
allow work to start without building warrant approval, but is a
way of regularising a situation.
3 If the works have been completed, an application for warrant
is not appropriate and a completion certificate under the terms
of Section 17 (4) of the Building (Scotland) Act 2003 should
be submitted with the appropriate fee.
4 Where full information is not available, the verifier may
decide to grant a warrant on condition that you provide
further details before certain stages of work commence on
site. The stages must be agreed with the verifier.
5 Security matters. Subject to the restrictions below, details of
applications are made public in accordance with the
procedural regulations, with information on the application
available on line, and drawings etc. available for copy or
inspection at local authority premises. The local authority
may remove documents from the register if they are satisfied
there are genuine security concerns. For those documents on
the register there are also restrictions on their copying. The
first restriction relates to non-residential buildings, prisons, a
building where a person may be legally detained or otherwise
held in custody, the Scottish Parliament or the Royal Private
Estate and applies where the applicant has confirmed the
disclosure or copying would raise security concerns. Details
agreed between the verifier and the applicant will be
withheld unless the owner of the building gives written
permission for them to be released. Thus parts of
applications for buildings such as banks may only be
available with the owners written permission. The second
restriction relates to all other residential buildings and
copying is restricted to owners, occupiers or tenants, or
prospective owners, occupiers or tenants of the relevant
building or an adjoining building. There will thus normally
be no need to further restrict access to any details in relation
to residential buildings.
6 Guidance on certificates from approved certifiers, and
the drawings and other information that should
accompany this application is given in the paragraphs at
3.2 in the Procedural Handbook issued by the Building
Standards Division. This is available at
www.gov.scot/bsd.
7 Note that this includes a commitment to meet the requirements
of regulations 13 to 15, which set requirements for how the
public will be protected from the activities on site.
8 Even where signed by an agent, it is the applicant that is
declaring that the work will be done in accordance with the
regulations and details of application.
9 Any applicant aggrieved by the decision of a verifier to
refuse a warrant may, within 21 days of the date of the
decision, appeal to the sheriff by way of summary
application.
10 Supervision of the building operations referred to in a
building warrant is not the responsibility of this Authority.
Applicants are advised to seek independent professional
advice.
WARNING – A building warrant does not exempt you from
obtaining other types of permission that may be necessary,
such as planning permission or listed building consent.
Consult the local authority if in doubt. You may also require
fue superior’s consent or landlord’s consent for your
proposals.
ANNNEX 1
CONVERSION
Any change in the occupation or use of a building which falls into
one of the following descriptions is considered a conversion to
which the building regulations apply.
Change in the occupation or use of:
1 A building to create a dwelling or dwellings or a part thereof.
2 A building ancillary to a dwelling to increase the area of
human occupation.
3 A building which alters the number of dwellings in a building.
4 A domestic building to any other type of building.
5 A residential building to any other type of building.
6 A residential building which involves a significant alteration
of the characteristics of the persons who occupy, or will
occupy, the building, or which significantly increase the
number of people occupying, or expected to occupy, the
building.
7 A building so that it becomes a residential building.
8 An exempt building (in terms of Schedule 1) to a building
which is not so exempt.
9 A building to allow access by the public where previously
there was none.
10 A building to accommodate parts in different occupation
where previously it was not so occupied.
ANNEX 2
CERTIFICATES FROM APPROVED CERTIFIERS OF DESIGN
1) Submitting certificate(s) of design WITH this application
If you are submitting any certificates from approved certifiers
of design with this application, please list reference numbers
of any certificates from approved certifiers of design, and
attach the signed certificates to this application:
Reference number.......................................................................
Reference number.......................................................................
2) Submitting certificate(s) of design AFTER this application
If you intend to provide any certificates from approved
certifiers of design after you have made this application,
please list details of the certification scheme(s) and approved
certifier(s) of design:
Scheme 1.....................................................................................
Name of certifier.........................................................................
Certifier registration number.......................................................
Name of approved body..............................................................
Approved body registration number...........................................
Scheme 2.....................................................................................
Name of certifier.........................................................................
Certifier registration number.......................................................
Name of approved body..............................................................
Approved body registration number...........................................
Annex 2 Important Note: The certificates must be signed by
certifiers fully approved to issue certificates for the matters
certified on the date the certificate was signed.
