GUIDANCE NOTES ON APPLYING FOR A BUILDING WARRANT
Q1
Do I need a Building Warrant?
You will normally require a Building Warrant, if you propose to do the following:
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erect a new building,
to alter or extend an existing building,
to convert a building or
to demolish a building,
You must obtain a Building Warrant from the Building Standards Service of Stirling Council before starting work.
Your Building Warrant will be granted if the work you propose meets the Building (Scotland) Regulations 2004.
Please note however, that there are some works for which you do not need to meet the requirements of these
regulations and/or for which you do not need a Building Warrant. To decide if your proposed work requires a
Building Warrant or falls within the exemption categories you should:
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refer to the exemption advice note at http://www.stirling.gov.uk/exempted_work_-_schedule_1_and_3.doc or
alternatively you could seek advice from an independent professional or seek advice from our Building
Standards staff.
This guidance deals only with the Building Standards system and Applications for Building Warrant received on
or after the 1 May 2007. You should be aware that other separate permission might also be required before you
can start work (see guidance contained in this document about other permission).
Q2
Where can I get a Building Warrant Application Form?
The form can be:
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downloaded from our web site at http://www.stirling.gov.uk/forma-buildw-app.pdf or
obtained in person by visiting Stirling Council, Planning Regulation and Waste Services, Building Standards
Service, Viewforth, Stirling FK8 2ET, or
sent out to you, if you telephone 01786 442828 or 01786 443411.
Q3
What should I include with the Building Warrant Application form and where should I
send it?
You can view the information to be submitted with an application in Schedule 2 of The Building (Procedure)
(Scotland) Regulations 2004. This can be viewed at:
http://www.hmso.gov.uk/legislation/scotland/ssi2004/20040428.htm#sch2
The following information is extracted from Schedule 2, but please view the full document for all the information.
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two copies of all relevant plans (paper copies are acceptable and one copy should be coloured to show the
extent of the new work). Please note that approx. 80% of all applications for Building Warrant that we
receive fail to show compliance with the Building Regulations. These applications contain incorrect
information, or insufficient information to show compliance with the Building Regulations. We are therefore
required to seek, from the applicant or their agent, further information. This can in many cases mean that
the plans are altered, reprinted and resubmitted. To help you to minimise your costs with regards to this
process ie reduce wasted paper, postage and printing costs, we can offer you the option of being allowed to
initially submit only one copy of all relevant plans with your application. Your application will still be
processed as per the answer to Q4 below, and when we agree that your application does show compliance
with the Building Regulations, we will tell you; and the necessary corrected copies can then be submitted to
allow the Building Warrant to be issued. However, please note that it is your choice whether or not you wish
to use this option.
the required fee. http://www.stirling.gov.uk/form_-_new_warrant_fees-3.pdf
the application form must be signed by the applicant or by their duly authorised agent.
the plans must be indelible and drawn in a clear and understandable manner, and
each plan must have a unique reference number inserted on it by the applicant or by the duly authorised
agent.
any specification or other written or figured statement, submitted in support of the application for warrant,
must be signed by the applicant or by the duly authorised agent.
the information will normally be provided on plans, but written information can also be used where
appropriate.
block plan – To a scale of at least 1:1250(1:500 preferred) and show;
a north point,
the scale used,
the size and position of the building,
the size and position of any neighbouring building as this affects the proposal,
the position of the boundaries of the property outlined in red,
the distance of the proposed building from these boundaries and
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the position, width and level of any road.
location Plan – If the position of the site is not clear from the block plan, then you should provide a location
plan to a scale of at least 1:2500(1:1250 preferred);
this plan should also show a north point.
floor plans, sections etc. – These plans must be to a scale of at least 1:100 (1:50 preferred) and should
show;
a plan of the foundations of the building,
each floor and
the roof,
sections through the building and
an elevation of each face of the building,
the plans, sections and elevation must show details of construction that will be carried out to make sure that
the proposals satisfy The Building (Scotland) Regulations 2004.
the completed application form should be sent to the Building Standards Service at the above address.
If you are unsure about the extent of the information required for your proposal you should seek independent
professional advice, you can obtain this from, for example, an architect who should be familiar with the
requirements of the legislation. The applicant is responsibility for ensuring that their work complies with these
regulations, so the importance of obtaining professional advice cannot be overstated.
Q4
What happens when my application is submitted and when will I get a decision?
When we receive your application it is recorded in the Building Standards Register (see
http://planpub.stirling.gov.uk/publicaccess/tsb/sb_home.aspx). You can find information about the progress of
your application and the Building Standards Surveyor dealing with your application in this register. Please note
that you must submit the correct fee with your application for it to be progressed.
It should also be noted that if you decide to withdraw your application after it has been received then the fee is
not refundable. You can claim a fee discount for using an Approved Certifier of Design, but only if the design
certificate is submitted at the same time as the application and only in the case of an application for Amendment
of a Building Warrant, where the estimated value of the additional work exceeds £5,000.
We then carry out a detailed procedural and technical check on your application. These checks may allow the
Building Warrant to be issued or if not, a detailed report will be produced. This report will identify failures to
comply and/or seeking further clarification from you or your duly authorised agent.
The Building (Procedure) (Scotland) Regulations 2004 requires that this report is sent to the applicant or their
duly authorised agent within 3 months of the application being received. If not, the application is deemed to be
refused and you can appeal this deemed refusal to the Sheriff Court.
We aim however to respond to your application within a shorter time period. (See our actual response times at
http://www.stirling.gov.uk/index/services/building_standards/bc-performance.htm). Please note that depending
on your proposals and the building type, it may be necessary for you to consult with other authorities. If you have
not already done so, this may have an impact on how quickly a decision on the application for warrant is taken
(see notes below on other types of permission).
The response time is dependant on:
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the quality of the information submitted by you or your duly authorised agent,
the workload of the service at the time of your application and
the availability of staff to process your application.
You can help us respond quicker by making sure that:
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you send in a properly signed and completed application form,
the correct fee and all the necessary plans and information, and
by quickly providing any other information which we may ask you for.
Please note that under The Building (Procedure) (Scotland) Regulations 2004, an application that has not been
granted within 9 months of the first detailed response, is normally deemed refused. This time can be extended
by agreement.
If you are required to make any significant adjustments to your proposals and an Approved Certifier of Design
certifies any aspect of the design, they must re-certify the revised drawings and specifications. It is the applicant
or their duly authorised agent's responsibility to inform the Approved Certifier of Design if this is necessary.
When a Building Warrant is issued, one copy of the plans and any supporting specification will be returned to the
applicant or their duly authorised agent. The owner (if not the applicant) is also notified of the granting of the
Building Warrant.
Your application will not be refused without giving you the reasons for refusal.
opportunity of being heard and of making written representation.
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Do I need any other types of permission before starting work?
Q5
You must obtain all other permission necessary before you start work. You or your duly authorised agent are
solely responsible for this action. The following information is provided as guidance only and may not be
complete or always relevant. You may wish to seek independent professional and legal advice to establish which
other permissions you must obtain.
Planning Permission
Stirling Council Roads Service
Stirling Council: Telephone 01786 442969
(www.stirling.gov.uk/planning)
Planning Permission:
Historic Scotland
National Park:
Telephone 01389 722600
www.lochlomond-trossachs.org
Benefited Proprietors Consent (for Previously Owned
Council Property):
Telephone:
01786 442571
Civil Matters
Public Utility Services
Fire Authority
Scottish Environment Protection Agency:
The Scottish Environment Protection Agency.
Q6
Why do I need to submit a Completion Certificate and who should sign it?
The relevant person for the property has the responsibility for ensuring that the building work complies with the
Building Regulations.
The Completion Certificate must be signed by the relevant person for that property or by the duly authorised
agent that was identified on the application for Building Warrant.
If the duly authorised agent is a company and the Completion Certificate is to be signed by the company, please
ensure that a person authorised to sign for the company, signs their own name on the Completion Certificate and
indicates that they are authorised to sign for the company.
The relevant person is;
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the person doing the work for themselves
the person for whom a contractor is doing the work and when the above fail to submit,
the owner.
If your Completion Certificate is signed by a person who was not identified as your duly authorised agent on your
Application for Building Warrant, then that Completion Certificate will be rejected. It is important to note that a
Completion Certificate that is incorrectly signed will not be acceptable.
The relevant person can use a duly authorised agent, but nevertheless still retains the final responsibility for their
property.
The relevant person must ensure that adequate procedures are in place to allow him/her to issue the Completion
Certificate to the Building Standards Service.
The Completion Certificate will include space, where appropriate, for an Approved Certifier of Construction and
their approved body to sign the certificate. It is however for the relevant person to ensure that the work is in
accordance with the warrant, and that the works meet all the requirements. The arrangements in the contract
between the relevant person and the certifier may cover this point, but that is outside the legislative system.
When you submit a Completion Certificate to the Building Standards Service you will normally receive a response
within 14 days.
The Building Standards service will either reject or accept the Completion Certificate. If it is rejected, we will
explain to you the reasons for rejection. If accepted we will issue to you a Notice of Acceptance of a Completion
Certificate. This Notice of Acceptance will normally allow occupation or use of the building.
You are committing an offence to occupy a new building, a conversion or an extension without first receiving the
Notice of Acceptance. You can see further guidance, in Section 5.2, including details of when a copy of a energy
performance certificate(s) for the building(s) must be submitted at the following web site:
http://www.scotland.gov.uk/Topics/Built-Environment/Building/Building-standards
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What should I do when I get my Building Warrant approval?
Q7
You should:
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Make sure that you have all the other permissions you need before starting work.
Make sure that the work is completed within 3 years of getting a Building Warrant. If you need more time
you must apply to the Building Standards Service for an extension to time and discuss this with the Building
Standards Service before the warrant expires.
Send the Building Standards Service the start notice within seven days of starting work. This start notice is
enclosed with your Building Warrant.
Tell the Building Standards Service when any drains are laid and ready to be tested or inspected. This
should be done when drain tracks are open and again when they are filled in.
When all the work is complete, fill in the Completion Certificate form, which is enclosed with your Building
Warrant, and send it to the Building Standards Service. Any supporting Certificates from Approved Certifiers
of Construction, if applicable, should be submitted with the Completion Certificate.
Q8
What is an Approved Certifier?
An Approved Certifier has government approval to certify that the design or construction complies with The
Building (Scotland) Regulations 2004. When you use an Approved Certifier to Certify Design or Construction you
will get the reassurance that the element of design or construction, covered by the Certifier complies with Building
Regulations. The application should take less time to process because the Building Standards Service only
needs to confirm the Approved Certifier’s registration.
You will also get a discount on the Building Warrant fee if you use an Approved Certifier of Design, but the
Certifier will charge you for the certificate. You will also get a small refund if you use a certificate, to certify work
for the Completion Certificate, issued through the Approved Certifier of Construction scheme.
However, please note that to get this refund you must have notify the Building Standards Service in writing of
your intent to do so before the start of work on site.
A Register of Approved Certifiers will be kept by the Building Standards Division and can be accessed on their
website at http://www.scotland.gov.uk/Topics/Built-Environment/Building/Building-standards You will find that the
register contains details of the matters which the Certifiers are authorised to deal with.
Q9
What can I do if I am still not sure what to do?
If you need help, you can:
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seek advice from an independent building professional, such as an architect or
you can contact the building standards service at:
Stirling Council
Planning Regulation and Waste Services
Building Standards
Room 229
Viewforth
Stirling FK8 2ET
Telephone number 01786 442828 or 01786 443411 Or
http://www.stirling.gov.uk/index/services/building_standards.htm
contact
us
on
our
web
site
at
Updated January 2009
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