Falkirk Council

BUILDING WARRANT APPROVAL & PROCESSES

Frequently Asked Questions

The intention of this FAQ list is to provide general guidance for any person unfamiliar with the Building Standards / Building Warrant system in the Falkirk Council area and throughout Scotland. The information contained here in, relates to the current Building Standards system, which came into force 01 May 2005.

The guidance provided is relevant only to Building Warrant and Building Standards requirements. Please note that additional statutory bodies may require to be consulted or additional permission / approval sought for any proposed works. Your proposals may require Planning, SEPA (Scottish Environmental Protection Agency), Fire Authority and Licensing approvals in addition to obtaining a Building Warrant.

Planning permission is a separate entity with different legislative requirements from Building Warrant approval and as such further guidance and advice on how to submit a Planning application can be obtained from the Falkirk Councils Development Management Unit at Abbotsford House, Davids Loan, Falkirk, on-line or contacted by telephone at 01324 504985

The questions and answers listed do not provide specific guidance, but are based on general advice.

However, if you propose to erect a new building, alter or extend an existing building, convert a building or demolish in part or all of a building, you will generally require Building Warrant approval from the Council's Building Standards Unit.

Please note, that it is an offence to commence work for which Building Warrant approval is required without a Warrant. If a Building Warrant is not obtained, then this will result in additional fee costs to the Council for the processing of a late Building Warrant application or late Completion Certificate. The Building Standards Unit may also require certain elements of the work to be exposed for inspection to verify compliance with the regulations. If in doubt please seek advice.

Health & Safety Executive

If you are having construction or refurbishment work done, you may need to notify the Health & Safety Executive (HSE) and you may have other duties as well. Visit the Health & Safety Executive website| to find out more.

BUILDING WARRANT & BUILDING REGULATIONS 

YOUR QUESTIONS ANSWERED

1. What is a Building Warrant?
2. How do I get a Building Warrant?
3. Do I require to inform my neighbours of my proposals?
4. Can my neighbours object to my proposals?
5. Do I require a Building Warrant if the works are all internal?
6. What do I require to submit to get a Building Warrant?
7. Is there a charge for a Building Warrant?
8. Do I need to employ an architect?
9. Do I require to employ a structural engineer?
10. Can the Council recommend agents and builders?
11. What happens when I submit my Building Warrant application?
12. How long will I have to wait before I get my Building Warrant?
13. Do I need a Building Warrant if the property is owned by the Council?
14. Do I need a Building Warrant if the property is owned by me?
15. Do I need a Warrant if the Council have given planning permission?
16. How long does the Building Warrant last?
17. What do I do next, after I get my Warrant approval?
18. Will the Council inspect the work once started?
19. What happens if I change things during construction?
20. What do I do when I think the works are finished?
21. What are the Building Regulations?
22. Do the Council have their own local regulations?
23. Do I have to change my Building Warrant if the regulations change?
24. Where can I find out more about the Regulations and the Technical Handbooks?
25. Do I need a Building Warrant for maintenance or repair work?
26. Are there any types of work that are exempt?
27. Where can I get a list of works that are exempt?
28. Will the Council inspect the exempt works when complete?
29. How can I contact the Councils Building Standards Unit for information and advice?
30. Do the Building Standards Unit provide a pre-application advice service?
31. How do I report a dangerous building?
32. How can I provide feedback on my views of the service?
33. How do I complain?

 

1. What is a Building Warrant?

A Building Warrant is legal permission from the Council (Verifier) to start work on demolishing, converting, altering, extending or erecting a building. If any person starts work that requires a Building Warrant without first obtaining a Warrant they are committing an offence. The Building Standards Unit based at Abbotsford House, Davids Loan, Falkirk is responsible for the assessment and issuing of Building Warrants in the Falkirk Council area.

Applications for Building Warrant will be assessed against the standards set by the Building Regulations in place at the time of your application.

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2. How do I get a Building Warrant?

You will need to apply to Falkirk Council's Building Standards Unit at Development Services, Abbotsford House, Davids Loan, Falkirk.

It is recommended that you appoint an Architect or other suitably qualified person knowledgeable in the preparation of plans and specifications to an acceptable standard and with an awareness of the process and procedures involved, to act on your behalf.

However, if you are applying yourself you will need to submit plans, specifications, a completed application form and a fee (see Question 6: What do I require to submit to get a Building Warrant?|).

Please note that a Building Warrant application form, notes of guidance and fee scales can be viewed and downloaded via the Building Standards area on the Councils web site. www.falkirk.gov.uk|, collected at any one stop shop or direct from the Building Standards Offices at Davids Loan, Falkirk.

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3. Do I require to inform my neighbours of my proposals?

No. However, there may be other legal requirements with regards to civil matters of mutual interest to the property i.e. if it has shared elements or links with adjoining properties.

It is always advisable to ensure your legal obligations are fulfilled although they may be out with Building Standards remit.

Please note that you may require to notify your neighbours or interested parties if Planning permission is required (This is a separate approval from Building Warrant and whilst this is also administered by the Council, it requires a separate application with different criteria for consideration). The Planning Department (Development Management Unit|) can be contacted at Abbotsford House, Davids Loan, Falkirk for further advice and guidance or via the Councils web site www.falkirk.gov.uk|.

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4. Can my neighbours object to my proposals?

No. Your neighbours cannot object to your proposals with regards to your Building Warrant application.

The right of your neighbours to object to your proposals is only relevant if your proposals require to obtain Planning Consent. This is a separate process.

If you do not require Planning Consent then your neighbours cannot object to your proposals with regards to the Building Warrant process.

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5. Do I require a Building Warrant if the works are all internal?

In many instances there is a perception that because the work is internal then no permission is required. This may be true with regards to Planning permission in the majority of scenarios. However, with regards to Building Warrant there are many instances where a Building Warrant is required.

Please contact the Building Standards Duty Surveyor for clarification or refer to the guidance contained within the Technical Handbooks, which can be accessed via the Scottish Building Standards Agency web site at www.sbsa.gov.uk|.

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6. What do I require to submit to get a Building Warrant?

You will require to submit a completed application form (Application for Building Warrant|), a fee and plans that clearly indicate the extent and nature of your proposals. They require to be to scale, dimensioned and show the proximity of adjoining rooms, location within the building and relationship to adjoining buildings. The package should also provide a full and detailed specification of materials to be used, their location and thicknesses, details of specialist products and drainage details.

Additional information such as soil investigation report, ground contamination report, mineral report and structural certification may be requested dependant on the nature and extent of your proposals.

In many instances the detail required can be extensive and somewhat complex. Therefore, if you are in any doubt please contact the Building Standards Duty Surveyor for advice and guidance.

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7. Is there a charge for a Building Warrant?

The fee for submitting your Building Warrant application is set by the Scottish Government and is a sliding scale based on the estimated value of the works. This is not the same as the cost of the work and this should be borne in mind as the Building Standards Unit may challenge the value indicated on your application form. The value will be assessed against the BCIS quarterly building cost index for stated categories and types of Building.

The table of fees is located within the Building Warrant application form package with notes of Guidance and can also be viewed on the Building Standards section| of the Councils web site.

The Building Warrant fee is for the application and not for a Building Warrant approval. After acceptance and registration of your application the fee is non-refundable.

Please Note: If the proposed works are to alter or extend a dwelling to provide facilities for the sole benefit of a disabled person then a fee may not be required.

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8. Do I need to employ an architect?

No. However, it may be beneficial if the plans and specifications submitted were undertaken by a competent person aware of our requirements.

The greater clarity and detail provided in a submission will help assist the Surveyors in being able to assess your proposals and hopefully result in a faster determination of your application (refer to Question 6: What do I require to submit to get a Building Warrant?|).

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9. Do I require to employ a structural engineer?

Depending on the nature of your proposals the Building Standards Unit may seek clarification on the structural integrity of the Building or element of the Building as a result of your intentions. This may require you to utilise the services of a 'Certifier of Design' or submit structural calculations to the Building Standards Unit for checking.

Details of the Certifiers of Design scheme and contact details of members can be accessed via the Scottish Building Standards Agency web site www.sbsa.gov.uk|. If you have employed the services of an Agent then they should be able to liaise with the relevant competent persons to provide the Building Standards Unit with the necessary information and certificates.

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10. Can the Council recommend agents and builders?

No. The Council cannot favour any one company over another. It is your responsibility to enquire about the competency of any agent or contractor through all other available means.

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11. What happens when I submit my Building Warrant application?

The Building Standards Unit will register your application and provide your application with a unique reference number. We will notify you or your agent by letter, indicating the case Surveyor and their contact details.

The case Surveyor will assess your proposals for compliance with the requirements of the Building (Scotland) Regulations 2004 using the guidance contained within the Technical Handbooks and will notify you or your agent of any areas where your proposals do not comply and allow time for you or your agent to modify / adjust your proposals to satisfy the points raised. The case Surveyor will be available to discuss any items or issues raised.

Upon receipt of the revised information the proposals will be re-assessed and if found to be acceptable and in compliance with the regulations, we will grant your Building Warrant.

If you or your agent fail to address the points raised by the case Surveyor and prohibit any further progress with your application, we may consider refusing your application. You and your agent will be notified of our intention 2 months prior to any consideration for refusal.

If a satisfactory outcome cannot be achieved and you wish to contest the refusal you may appeal such a decision to the Sheriff Court.

It is not our intention to refuse applications and we will always endeavour to resolve matters wherever possible.

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12. How long will I have to wait before I get my Building Warrant?

Various factors will have an impact on the time taken to assess and provide a decision on your Building Warrant application.

• The standard of plans, specifications and information provided.
• The workload of the Building Standards Unit (Seasonal pressures)
• You or your agents' response to rectify / clarify any matters raised.

It is our aim to provide you with a first response to your proposals within 15 working days from receipt of your application. In certain circumstances this may be the issue of the Building Warrant. However, in the majority of applications additional information is required. In this instance, the rate at which the additional information is provided and then assessed will have an impact on the time taken to gain approval.

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13. Do I need a Building Warrant if the property is owned by the Council?

Yes. Provided the nature of works that you are intending to undertake require a Building Warrant, then you are not excluded from obtaining approval just because you are a Council tenant.

Please note: That you will also require to obtain approval from the Councils Housing Department for any alterations, irrespective of whether a Building Warrant is required.

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14. Do I need a Building Warrant if the property is owned by me?

Yes. Provided the nature of works that you are intending to undertake require a Building Warrant, then you are not excluded from obtaining approval just because you are a private owner.

Please note: If you are a tenant or a lessee intending to undertake work that requires Building Warrant approval you will require to notify the property owner.

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15. Do I need a Warrant if the Council have given planning permission?

Yes. However, not all proposals that require Planning Approval require Building Warrant approval and vice versa. Please check with the Building Standards Unit to confirm if Building Warrant approval is required. Planning approval does not remove the need to obtain a Building Warrant as they are subject to separate legislative requirements.

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16. How long does the Building Warrant last?

A Building Warrant is valid for a period of 3 years from the date of issue. This date appears on the stamped approved plans and on the Building Warrant approval certificate. It is expected that all works as approved will be completed within the 3 year time frame.

However, the Building Standards Unit of the Council may agree to an extension of this period if a request is received in writing prior to the expiry date. The Council will not extend the Warrants life if works have failed to commence prior to the expiry of the Warrant.

Please note that there is a fee required, should you wish to apply for an extension. This fee can be confirmed by accessing the Councils Building Standards Web site under 'Scale of Fees' or by contacting the case Surveyor directly.

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17. What do I do next, after I get my Warrant approval?

You or your contractors may start work. As part of the Building Warrant package you will receive a 'Commencement of Work' form which, you require to complete and return to the Building Standards Unit.

You will  also require to inform the case Surveyor at certain stages of construction, to permit the case Surveyor the opportunity to inspect and monitor tests, such as drainage installations and also, when you are satisfied that all work relevant to the Building Warrant is complete.

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18. Will the Council inspect the work once started?

The Building Standards Unit may inspect the work on site to satisfy ourselves that the Building Warrant as approved is being complied with. However, whilst the inspecting Surveyor may scrutinise the statutory element of the construction process the Building Standards Unit is not responsible for assessing the quality or standard of workmanship or for the supervision of your chosen contractor.

Any site supervisory role or quality assurance needs are the sole responsibility of yourself or representative used by you to monitor works for that purpose.

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19. What happens if I change things during construction?

It is an offence to undertake work that is not as per the approved plans issued as part of your Building Warrant approval. If you wish to alter or deviate from the approved plans you should contact the case Surveyor to discuss your proposals.

An amendment to Warrant may be required to cover any of the proposed changes to the Building Warrant and may be considered by the Building Standards Unit at any time during the 3 year period for the original Building Warrant approval. An amendment to Warrant application cannot be considered after the Building Warrant has expired.

The submission of an Amendment to Warrant application follows the same process as that of a Building Warrant application. Details of fees can be accessed via the Building Standards| web pages.

On approval of the amendment, you may commence work on the changes.

Please note any alterations to any elements certified by an approved Certifier of Design as a result of the amendment will require the certifier to assess and check your proposals and if required re-certify the proposals.

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20. What do I do when I think the works are finished?

As part of the Building Warrant package you will receive a 'Completion Certificate' form. It is your responsibility as the relevant person to complete and return to the Building Standards Unit for consideration.

A Completion Certificate is required to confirm that a Building or that part of the Building referred to in the Building Warrant approval has been constructed, altered or converted in accordance with the Warrant and the Building (Scotland) Regulations 2004 as amended.

Please note that it is an offence to submit a false Completion Certificate or to occupy a building without a Completion Certificate being accepted by the Building Standards Unit.

To establish acceptance of the submitted Completion Certificate the Building Standards Unit requires to make reasonable enquiry to establish that the work is in compliance with the approved Building Warrant.

If satisfied that the work is satisfactory and in compliance with the approved Warrant then we will issue an 'Acceptance of Completion Certificate' notice.

If however, we reject a submitted Completion Certificate we will notify you of our reasons for rejection. The acceptance or rejection decision will be notified to you within 14 days of receipt.

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21. What are the Building Regulations?

The Building Regulations are a set of legal requirements laid down by the Scottish Parliament and overseen by the Scottish Building Standards Agency on behalf of the Scottish Ministers.

The intention of the Regulations is to ensure the health, safety, welfare and convenience of people in and around buildings, for conserving fuel and power and for furthering the achievement of sustainable development. The Building (Scotland) Regulations 2004 and the guidance set out in the Technical Handbooks can be viewed along with wider consultations on future developments on the SBSA web site www.sbsa.gov.uk|.

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22. Do the Council have their own local Regulations?

No. The Councils Building Standards Unit is responsible for administering the Building (Scotland) Act 2003 and the Building (Scotland) Regulations 2004 as amended for the Falkirk Council area. The Regulations are set down by the Scottish Parliament and its Ministers and are overseen on there behalf by the SBSA (Scottish Building Standards Agency).

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23. Do I have to change my Building Warrant if the regulations change?

No. You require to complete the approved works in accordance with the approved plans, details and specifications attached to your Building Warrant approval within the life of the Building Warrant (3 years from the date of approval) even if the regulations change within that time period.

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24. Where can I find out more about the Regulations and the Technical Handbooks?

The Regulations and Technical Handbooks can be viewed on the Scottish Building Standards Agency web site www.sbsa.gov.uk|  or at the Building Standards Unit offices at Abbotsford House, David's Loan, Falkirk where our Building Standards Surveyors will be willing to assist you in any issues you may wish to discuss.

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25. Do I need a Building Warrant for maintenance or repair work?

No. A Building Warrant is not required for general repair and maintenance work where the appliance, equipment is being replaced, either totally or in part, by the same general type and that the installation is to a standard no worse than at present.

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26. Are there any types of work that are exempt?

Yes. There are some alterations, buildings or fixtures that are exempt from obtaining Building Warrant approval.

These include:

• Certain small detached buildings
• Certain porches and conservatories to dwellings
• Certain temporary buildings
• Certain internal alterations, and
• Various fixtures and fittings

If you are unsure, then please contact us to confirm exemption status via our web site www.falkirk.gov.uk|, at the Council Offices at Abbotsford House, David's Loan, Falkirk or by telephone on 01324 504985.

Please note that whilst your proposed work may be exempt from obtaining Building Warrant approval, it may still require to comply with the Regulations and may still require Planning or other consents.

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27. Where can I get a list of works that are exempt?

You can view the list of exempt works in the Technical Handbooks, which are available online at www.sbsa.gov.uk|

If you are still unsure, then please contact us to confirm exemption status via our web site www.falkirk.gov.uk|, at the Council Offices at Abbotsford House, Davids Loan, Falkirk or by telephone on 01324 50 4985.

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28. Will the Council inspect the exempt works when complete?

Yes. The Building Standards Unit provides a service to confirm if works undertaken to your property are an exempt class of work. This is often requested during the sale or purchase of your property by lawyers or mortgage lenders.

You will need to write to the Building Standards Office requesting an 'Exempt Works Report'. There is a fee for this service details of which are included on the application form.

Please note, that should the inspection highlight any failures to comply with the Regulations, even although the works are exempt, then remedial action will require to be undertaken before the Building Standards Unit will authorise an Exempt Works certificate.

However, if on inspection, the works are found to have required Building Warrant approval, guidance will be given by the attending Surveyor on how to submit a Late Completion Certificate for consideration and the relevant processes and procedures involved, including any remedial action.

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29. How can I contact the Councils Building Standards Unit for information and advice?

The Building Standards Unit can be contacted via

• The Councils web site www.falkirk.gov.uk

Monday – Friday from 9.00 – 5.00

• Calling at our offices at Abbotsford House, Davids Loan, Falkirk where our duty Surveyor can assist you.
• Telephone the Unit on 01324 504985 to discuss general items.
• For specific Building Warrant applications direct to your case Surveyor by e-mail or direct dial contact information highlighted on your receipt of application letter.

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30. Do the Building Standards Unit provide a pre-application advice service?

Yes. The Building Standards Unit provides a duty Surveyor during business hours 9.00 – 5.00 Monday to Friday at our offices at Abbotsford House, Davids Loan, Falkirk or by calling the Unit on 01324 504985 to discuss general items or to arrange an appointment for a more detailed discussion.

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31. How do I report a dangerous building?

There are various options for you to consider if you are concerned regarding the stability of a Building. The Building Standards Unit provide a 24 Hour emergency call-out service with regards to Dangerous Buildings.

During Office hours: Monday-Friday from 9.00am - 5.00pm

The Building Standards Unit can be contacted via

• The Councils web site www.falkirk.gov.uk
• The Councils Control Centre on 01324 503050
• Calling at our offices at Abbotsford House, Davids Loan, Falkirk where our duty Surveyor can assist you.
• Telephone the Unit on 01324 504985 to discuss general items.
• For specific Building Warrant applications direct to your case Surveyor by e-mail or direct dial contact information highlighted on your receipt of application letter.

Outwith Office Hours

• The Councils Control Centre on 01324 503050
• The local Police offices

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32. How can I provide feedback on my views of the service?

You may indicate your impressions and opinions of the service provided by the Building Standards staff through various channels.

• The Councils web site www.falkirk.gov.uk
• Writing direct to the Building Standards Manager at Abbotsford House, Davids Loan, Falkirk
• Complete and return a Customer Questionnaire leaflet
• Apply to be included on the Building Standards Customer Focus group
•  Arrange an appointment with the Building Standards Manager to discuss your views at a 1 to 1 meeting.
• Complete the after service Customer Satisfaction Survey card and return.

Any concerns or possible improvements raised both positive or negative will be reviewed and assessed as part of our continuous improvement programme and we will notify you of the outcome.

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33. How do I complain?

Falkirk Council has procedures in place and these can be found here|. This details exactly how to submit your complaint and how it will be dealt with by the Council.

This method is available if you wish to make your complaint formal. Alternatively, you may wish to complain directly about the service you have received from the Building Standards Unit, with regard to  specific Building Warrant applications or any other related matter personally by letter or contacting by telephone or e-mail the Building Standards Manager or Head of Environmental & Regulatory Services, Development Services, Abbotsford House, Davids Loan, Falkirk FK2 7YZ.

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Health & Safety Executive

If you are having construction or refurbishment work done, you may need to notify the Health & Safety Executive (HSE) and you may have other duties as well. Visit the Health & Safety Executive website| to find out more.