Building standards enforcement and sanctions: consultation

Where persons are permitted to occupy premises by owners it is appropriate the person/ body facilitating this action be included in any fine that may be administered.

In cases where works are carried out without a building warrant on rare occasions an owner would prefer to return the building to its previous condition once they appreciate what is required to comply with recognised standards. This essentially means returning the building to its original state. When restorative works are carried out the end result is no worse than the existing situation as recognised in the procedural handbook. Whilst informal notes can be made regarding this situation no clear recognised procedure exists for this scenario. The provision of a notice recognising that works have been carried out and now returned to their previous state would assist in this scenario.

In cases of where the authority is notified of works being carried out without a building warrant being issued the provision of a stop notice is a clear direction in relation to what is required. A notice to suspend works does not have the same effect as one that clearly states stop. Assuming the notice can be issued quickly I relation to a situation this would be deemed to be an effective deterrent.

The ability to serve enforcement notices on higher risk buildings after a completion certificate has been accepted is a new concept for building standards in Scotland. However it is acknowledged that the Building Safety Act 2022 in England includes this function and this has also been adopted by the government of Wales. To ensure consistency across the British Isles it is deemed sensible that Scotland have a similar arrangement.

Where the current practice of not issuing a warrant notice after acceptance of the completion certificate is to be negated a time limit is deemed necessary. There should be a period of time where no further steps will be taken by the verifier to allow recognition the building has been constructed correctly. Whilst it is appreciated this guidance is aimed at high risk buildings it is anticipated the main use will be to address concerns by residents in relation to minor defects and differences of opinion. Where this is correct this has the possibility of taking a significant amount of a verifiers time to address resulting in slower process times for newer applications.

The level of fines proposed appear consistent with the nature of the works being carried out. The newer fines system also allows for recognition of the risk some buildings represent to both builders and occupiers. Whilst not wanting anyone to be fined or jailed the knowledge of more severe punishments for those involved in the building system should result in closer auditing and control over the works being carried out. This level of fine would also be consistent with other similar building related legislation.

In severe cases of negligence or unprofessional services the use of a custodial sentence may be appropriate.

Not aware of any impacts the implementation of this legislation may have.

The issue of a notice after acceptance of the completion certificate will have a direct affect on resources. Whether it be additional enquiries or the issue of notices for works completed a number of years previously. However it is problematic to quantify at this time. (Re questions, 2,4,5,6,7).