Building standards enforcement and sanctions: consultation

The consultation opened on 6 October 2023 and closed on 22 January 2024.

We proposed measures, and sought your views on changes, to strengthen existing enforcement powers and increase penalties for offences under sections 21, 27 and 48 of the Building (Scotland) Act 2003.

Under section 21 if owners should be held accountable for offences where they allow unauthorised occupation of a new, extended or converted building without a completion certificate. 

Under Section 27, proposals were to include an option for removal of work, introduce a standalone stop notice, clarify the scope of section 27 to take action after acceptance of a completion certificate for High Risk Buildings (HRBs) and set a time limit for serving enforcement notices. 

Under section 48 proposals were to increase penalties for offences from £5000 to £50,000, and include a  two-year custodial sentence to act as a greater deterrent for those persons who undertake building work that does not meet the building warrant or Building (Scotland) Regulations 2004.

In total, 43 consultation responses were received. Individuals provided 18 responses to the consultation; the remaining 25 were from organisations. The largest number of organisations were from local authorities and their associated bodies (15), professional associations and membership organisations (7) and commercial organisations and manufacturers (3).

Many individuals and organisations with detailed knowledge took part in the consultation, sharing their views on the proposals to strengthen the existing enforcement powers of local authorities and change the penalties for building standards offences.

Overall, there was broad support for the proposals. Respondents typically agreed that the proposals provide a clearer, stronger deterrent that should help to improve compliance, enable more effective enforcement and ensure building safety. The proposals were also seen as offering greater flexibility to relevant parties and helping to align Scotland with other parts of the UK.

Nine in ten respondents agreed with the proposal to hold owners accountable for new/converted buildings which are occupied illegally (section 21), and between two thirds to over four fifths of respondents supported a new provision for the removal of work, a standalone stop notice, and the ability to take enforcement action after the acceptance of a completion certificate for High Risk Buildings (section 27).

Views were more mixed on introducing a time limit for local authorities to take action on all work subject to a building warrant and building regulations (section 27). While seven in ten agreed with the introduction of a time limit, just under half favoured the proposed 10-year limit. Other respondents either felt a 10-year limit was too long, or that there should be no end date to being able to take action on non-compliance.

Very high levels of support were noted for increasing the level of a fine to a maximum of £50,000 and the option to include a custodial sentence (section 48). However, many caveated their agreement by noting the need to ensure penalties are proportionate to the level or nature of non-compliance.

While perceived impacts of the proposals were generally limited, there was concern from many respondents, particularly local authorities, that the proposals could put additional pressure on the time and resources of local authorities and their verifier teams. Across the consultation, some organisations noted additional costs and risks which builders and developers could face. There were also calls for the Scottish Government to provide further guidance and clarification about how the provisions could be used in different scenarios, and to consider how the provisions would work alongside existing legislation.

A full analysis of the consultation is available on the Scottish government website.

The Scottish Government will seek to amend sections 21, 27 and 48 of The Building (Scotland) Act 2003.