New consultation open on building standards compliance and enforcement

The compliance plan is one of seven work streams being taken forward under the work of the Building Standards Futures Board.

The compliance plan manager role will apply to all ‘in scope’ high risk building types. The definition of high risk buildings and the level of fines where work is not carried out in accordance with the regulations are also part of the consultation.

The compliance plan approach was widely accepted when proposed through the 2018 consultation. The Scottish Government’s Building Standards Division is now seeking to define and implement an appropriate and robust assurance regime to demonstrate that the duty imposed on the “relevant person” responsible for certifying compliance with building regulations is being managed at both design and construction stages. The proposed compliance plan manager role is intended to provide continuity of management from start to finish.

The Construction Compliance and Notification Plan (CCNP) is currently created and issued by the verifier with the approved building warrant. The CCNP identifies the inspections to be notified to the verifier and provides the verifier the opportunity to inspect the work at different stages. The verifier can also agree to the submission of alternative evidence.  The compliance plan, as proposed, would change this process and would instead require the compliance plan manager, the designer and potentially the contractor to develop the compliance plan for submission to the verifier for agreement and issue with the building warrant.

It is proposed that the compliance plan manager will be appointed by the building owner at the design stage on all defined high risk buildings. This individual will provide a primary point of contact for the verifier, develop and manage the compliance plan, ensure all inspections are facilitated and the compliance plan is fully discharged to support the competent submission of the completion certificate to the verifier.

Most importantly, without a fully discharged compliance plan evidencing how compliance has been achieved, the verifier would not be able to accept a completion certificate submission until all outstanding matters identified under the Compliance Plan had been addressed, thereby enhancing the rigour of the process.

The Scottish Government is considering holding virtual engagement sessions during January and would like to gauge the need for these. The sessions would provide an opportunity for anyone, who has already considered the proposals, to ask specific queries where additional information would assist them in finalising their consultation response.

Please email buildingstandards@gov.scot if you would find an online Q&A session helpful.

The consultation closes on 4 February 2022 and can be accessed here.