Application for Building Warrant

Building (Scotland) Act 2003

Application under section 9 for a Warrant to construct, demolish or convert a building, or to provide services, fittings or equipment in or in connection with a building.

Please refer to the accompanying Guidance Notes when completing this form.

Note – You can submit this form on-line through the eBuilding Standards portal.

IMAGE: The Orkney Islands Council crest and wordmark identify the issuing local authority.

For Official Use

Applicant

Duly Authorised Agent (if any)

Owner (if different from Applicant) (see note 1)

Location of building or site to which the application relates

Use of Building

State of Work

Proposed Work

Please give brief description of work, and state whether it is to construct (erect, extend, or alter) and/or convert, provide services, fittings or equipment, or demolish.

Staged Applications

If the application is to be staged, the stage(s) applied for should be indicated (this should be agreed with the Verifier).

Application for Demolition

If the application is for, or includes, the demolition of a building please state the period of time that the demolition works will be completed within, in weeks/months.

Security Matters

Do you consider any part of your proposals should not be open to public inspection on the Building Standards Register? (See note 4.)

If yes, the Verifier will decide with you the extent of the restrictions.

Limited Life Building

If the intended life of the building is to be five years or less from the date of completion, please state number of years.

(Less onerous requirements may apply. The Warrant will include a condition requiring removal at the end of the stated intended life.)

Fire Authority

If the enforcing authority for the building (under Section 61(9) of the Fire (Scotland) Act 2005 as amended) is not the Fire and Rescue Service please state the Fire Authority.

Planning – Listed Buildings

If the application concerns buildings listed as being of special architectural or historic interest or in a Conservation Area, please state category.

(If in doubt, the Planning Authority can advise).

Please state if the building has any other historical importance. (e.g. association with significant historical person or event).

Relaxation Direction

Notices

Please indicate if this application is as a result of any of the following Notices, and if so give the reference number.

Estimated value of Works

(Please note that the Verifier may seek evidence for this figure, and make comparisons with established independent indices of building costs).

Certificates of Design

Are you using an approved Certifier of Design and intend to provide a Certificate to support this application?

(If Yes, see annex 2).

Certificates of Construction

Do you intend to use an approved Certifier of Construction and provide a Certificate to accompany the Completion Certificate Submission?

(If Yes, see annex 3).

Sustainability (for Warrants relating to construction of new buildings only)

Have the proposals been designed to achieve any of the optional higher levels as contained in guidance within Section 7 of the Technical Handbooks?

(If Yes, see annex 4).

Scottish Type Approval Scheme

Are the proposals covered by Local Authority Building Standards Scotland, Scottish Type Approval Scheme (STAS)?

(If Yes, provide STAS approval reference number).

Privacy Notice

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Declaration

I/we* apply for a Building Warrant and declare:

1. That the work will be carried out in accordance with Building Regulations, and in accordance with the details supplied above and any necessary accompanying information (including annexes to this application, drawings, and specifications). (see note 6).
2. I am/we are the owner of the building/that the owner of the building is aware of this application.
3. Where the Warrant involves a specified conversion: That after the conversion the building as converted will comply with Building Regulations*.

• Delete as appropriate.

Address to Which You Should Send Your Application

Building Standards, Orkney Islands Council, Council Offices, School Place, Kirkwall, Orkney, KW15 1NY.

Council Enquiry Point

Building Standards - Telephone: 01856873535 extension 2729.

Email: building.standards@orkney.gov.uk.

Notes

1. The name and address of the owner is required as the Act requires the owner to be informed if a Building Warrant is granted.
2. If work has started, the Regulations which apply are those at the date of this application, and the fee to be paid will be higher because the Verifier will require to inspect the work. Disruptive surveys may be needed to establish what has been constructed.
3. If the works have been completed an Application for Warrant is not appropriate and a Completion Certificate under the terms of Section 17 (4) of the Building (Scotland) Act 2003 should be submitted with the appropriate fee.
4. Security matters. Subject to the restrictions below, details of applications are made public in accordance with the Procedural Regulations, with information on the application available online, and drawings etc available for copy or inspection at Local Authority premises. The Local Authority may remove documents from the Register if they are satisfied there are genuine security concerns. For those documents on the Register there are also restrictions on their copying. The first restriction relates to non-residential buildings, Prisons, a building where a person may be legally detained or otherwise held in custody, the Scottish Parliament or the Royal Private Estate and applies where the Applicant has confirmed the disclosure or copying would raise security concerns. Details agreed between the Verifier and the Applicant will be withheld unless the owner of the building gives written permission for them to be released. Thus, parts of applications for buildings such as Banks may only be available with the owners written permission. The second restriction relates to all other residential buildings and copying is restricted to Owners, Occupiers or Tenants, or prospective Owners, Occupiers or Tenants of the relevant building or an adjoining building. There will thus normally be no need to further restrict access to any details in relation to residential buildings.
5. Guidance on Certificates from approved Certifiers, and the drawings and other information that should accompany this application is given in the paragraphs at 3.2 in the Procedural Handbook issued by the Building Standards Division, available here.
6. Note that this includes a commitment to meet the requirements of Regulations 13 to 15, which set requirements for how the public will be protected from the activities on Site.
7. Even where signed by an Agent, it is the Applicant that is declaring that the work will be done in accordance with the Regulations and details of application.
8. Where full information is not available, the Verifier may decide to grant a Warrant on condition that you provide further details before certain stages of work commence on Site. The stages must be agreed with the Verifier.
9. Any Applicant aggrieved by the decision of a Verifier to refuse a Warrant may, within 21 days of the date of the decision, appeal to the Sheriff by way of summary application.

Warning: A Building Warrant does not exempt you from obtaining other types of permission that may be necessary, such as Planning Permission or Listed Building Consent. Consult the Local Authority if in doubt.

Annex 1

Conversion

Any change in the occupation or use of a building which falls into one of the following descriptions is considered a conversion to which the Building Regulations apply.

Change in the occupation or use of:

1. A building to create a Dwelling or Dwellings or a part thereof.
2. A building ancillary to a Dwelling to increase the area of human occupation.
3. A building which alters the number of Dwellings in a building.
4. A domestic building to any other type of building.
5. A residential building to any other type of building.
6. A residential building which involve a significant alteration of the characteristics of the persons who occupy, or will occupy, the building, or which significantly increases the number of people occupying, or expected to occupy, the building.
7. A building so that it becomes a residential building.
8. An exempt building (in terms of Schedule 1) to a building which is not so exempt.
9. A building to allow access by the public where previously there was none.
10. A building to accommodate parts in different occupation where previously it was not so occupied.

Annex 2

Certificates from Approved Certifiers of Design

If you are providing any Certificates from approved Certifiers of Design with this application, please list the reference numbers and attach the signed Certificates to this application.

If you intend to provide any Certificates from approved Certifiers of Design after you have made this application, please list details of the Certification Scheme and approved Certifier of Design.

Approved Certifiers of Design Details

Important Note

The Certificates must be signed by Certifiers fully approved to issue Certificates for the matters certified on the date the Certificate was signed.

Note: If after giving notice of intent to provide a Certificate from an approved Certifier of Design the Certificate is not provided to support this application, the amount of fee discounted requires to be paid to the Verifier and may delay the granting of the Building Warrant.

Annex 3

Certificates from Approved Certifiers of Construction

Please list the Certification Schemes for which you intend to use an approved Certifier of Construction and provide a Certificate to accompany the Completion Certificate Submission.

Approved Certifier of Construction Details

Include work types – if applicable to Scheme(s).

Important Notes

1. If the intention to provide a Certificate from an approved Certifier of Construction is not declared on this form, this does not preclude a Certificate subsequently being provided with the Completion Certificate Submission.
2. Any person intending to use an approved Certifier of Construction should check the current status of known firms by using the Certification Register available here.
3. Work types for Certificates of Construction are as below.

Work types apply to the ‘drainage, heating and plumbing’ Scheme and include:

• Above ground drainage.
• Air source heat pumps.
• Below ground drainage.
• Biomass boiler installations.
• Electrical work to BS 7671 relating to drainage, heating and plumbing.
• Gas installations over 70kW output.
• Gas installations up to 70kW input.
• Ground source heat pumps.
• Oil installations up to 45kW output.
• Solar thermal panels.
• Solid fuel installations up to 50kW output.
• Unvented hot water cylinder.

Note

If after giving notice of intent to use a Certifier of Construction a Certificate from an approved Certifier is not provided with the Completion Certificate Submission, the amount of fee discounted requires to be paid to the Verifier and may delay the acceptance of the Completion Certificate by the Verifier.

Annex 4

Sustainability

In the table below, please indicate with an “X” which aspects of the building have been designed to achieve a higher level of sustainability as defined in Section 7 of the Technical Handbooks.

Sustainability labelling for domestic buildings

Sustainability labelling for non-domestic buildings

Where this application related to multiple buildings, please state which buildings the higher aspects relate to:

Important Note: Where this application is for multiple buildings which have been designed to achieve different levels of sustainability in Section 7, then a separate table will be needed for each building or group of buildings to which each level relates.

The Building (Scotland) Act 2003

How to Submit a Building Warrant Application

The completed application form should be returned to the Building Standards Office at the address below, along with:

• At least 1 copy of the drawings and technical specification.
• A location plan (1:1250 preferred), and a site plan (1:500 preferred).

Note: Officers may request additional copies to aid consultation with other Authorities, and once any technical or procedural observations have been discharged the requisite number (usually 2) of copies for Building Warrant approval.

To access a full list of the information required to accompany an application for Building Warrant refer to Section 3.2.16 of The Scottish Building Standards Procedural Handbook 3rd Edition*.

• The Building Warrant fee - The fee is based on the total estimated value of work – see the table of fees overleaf.

Note: In calculating the value of the works the Applicant must use the normal market costs rather than any discounted costs which they might be able to achieve. For example, even if the labour was unpaid because it is a self-build project, the value of the building work should still include a fair assessment of the value of labour had commercial Contractors undertaken the work.

Fee discounts apply where Certificates of Design accompany the application, or where the Applicant states that Certificates of Construction will be presented with the Completion Certificate.

Payment can be made by cash, cheque, bacs, or via the Council’s online payment facility. All cheques should be payable to Orkney Islands Council.

Send all information requested to:

Building Standards, Orkney Islands Council, Council Offices, School Place, Kirkwall, Orkney, KW15 1NY.

On receipt of a valid application we will attempt to complete an assessment within 20 working days, or for large, complex, and high-value applications in accordance with the “Customer Agreement”.

• You can access The Scottish Building Standards Procedural Handbook 3rd Edition by following the link:

Procedural Handbook.

IMAGE: The document header identifies Orkney Islands Council’s Development and Infrastructure service and gives the following contact details: Executive Director: Gavin Barr, BSc Hons, MSc URP, MRTPI; Council Offices, Kirkwall, Orkney, KW15 1NY; Tel: (01856) 873535; Website: www.orkney.gov.uk; Email: building.standards@orkney.gov.uk.