Scottish Executive launches building regulations consultation
15:33 14 Jul 2003
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The Scottish Executive has launched a three-month public consultation exercise on its new building regulations following the introduction of the Building (Scotland) Act 2003 earlier this year.
Under the new standards, designers will be given more flexibility to promote new and innovative designs, while supporting the aim of providing excellence in public services and encouraging sustainable development.
With existing legislation, building regulations can only be complied with by following a series of technical standards.
The consultation proposes that these should be replaced with new functional standards which will set out what the building must achieve when in use.
Some 63 Standards are proposed, arranged under the six essential requirements of the European Construction Products Directive (structure, fire, environment, safety, noise and energy).
The new standards are intended to be clear enough for courts to interpret. The use of words such as 'adequate' and 'reasonable' will be avoided to ensure consistency of application.
The new standards will also be supported by a series of guidance documents, which provide technical guidance to building professionals on how the standards can be met. The proposals for the guidance documents are also part of the consultation.
Compliance with the guidance documents will not be obligatory, but evidence that they have been followed will be accepted by the courts as showing compliance with the standards.
The Executive's communities minister Margaret Curran said: "No additional costs are foreseen to comply with the new standards, and it should be possible to continue to build to the same designs as presently permitted. The responsibility for ensuring that buildings comply with the standards will remain with the builder's owners.
The Building (Scotland) Act 2003 received Royal Assent on March 26. When all the provisions of the Act come into force, which is expected by spring 2005, the new Act will repeal the Building (Scotland) Act 1959.