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Notes for guidance when applying for a Building Warrant

Will I need a Building Warrant?
How do I apply for a Building Warrant?
What type of plans require to be submitted with your application?
How much will it cost?
Statutory Consultations
What happens to my Building Warrant after submission?
Do I need other permissions?
Planning Permission
Disposal of effluent from septic tank, small sewerage treatment works or SUDS systems
Occupation of road to deposit building materials, rubbish skips or erect scaffolding
Utilities
Where to submit the Building Warrant Application

This information is also available as a pdf document by clicking on the link below
Notes for guidance when applying for a Building Warrant (pdf 131kb)

WILL I NEED A BUILDING WARRANT?
Although the Building Regulations have specific exempt classes of work which can be carried out without Building Warrant approval, most construction work is subject to a Building Warrant. The Building Standards System in Scotland is pre-emptive requiring that a Building Warrant is obtained prior to the construction works being undertaken. Therefore, if you propose to erect a new building, to alter or extend an existing building, to convert a building or to demolish a building, you are required to apply to East Ayrshire Council for approval. The need for a Building Warrant is separate from the requirements for Planning Permission and as such the two approvals should not be confused. Further information on the requirements for Planning Permission can be obtained from the Development Promotion Section.

Information on Development Promotion

Should you be unclear whether a Building Warrant is necessary then you should contact the Building Standards Service either by phone or in writing. Please use the link below for Building Standards Contacts.

Building Standards Contacts

HOW DO I APPLY FOR A BUILDING WARRANT?
To apply for a Building Warrant you will require to complete an application form, submit architectural plans of the proposed construction works along with the requisite fee which is based on the value of the construction works ie. normal market costs. Application Forms can be obtained from the Building Standards Service either by phone request, downloading the form from the East Ayrshire Council Web Site, using the link below, or picking up a form at the Building Standards offices detailed below. The application, plans and fee are then submitted to the Building Standards Service at the addresses noted on the contact details below.

In summary you should submit the following:-
a) a duly completed application form;
b) 2 sets of architectural plans and specification; and
c) the relevant fee based on the value of works

Application Forms

WHAT TYPE OF PLANS REQUIRE TO BE SUBMITTED WITH YOUR APPLICATION?
The architectural drawings required for the application must be designed in accordance with the Building (Scotland) Regulations 2004. Where the submission has not been designed to these standards, then the application will not be approved following the initial assessment. Therefore, the architectural drawings should be prepared by an Architect, Building Surveyor, Architectural Consultant or other competent person experienced in preparing drawings to the Building Regulations.

Drawings submitted by persons who are unfamiliar with the Building Regulations may cause a delay in the determination of the warrant due to the extent of information which will remain to be submitted. The Building Regulations can be viewed on www.sbsa.gov.uk

A comprehensive list of the architectural plans which require to be submitted along with an application are detailed in Appendix A (pdf 43kb). However, generally the drawings must be to a metric scale and include the following details:-

" a Location Plan - indicating ownership boundaries
" a Block Plan - indicating levels, any features and ownership boundaries
" a plan of the foundations, each floor and any roof;
" sections through the building;
" an elevation of each face of the building;
" all constructional details from foundations to roof;

In domestic applications where works consist of altering or extending a dwellinghouse two sets of plans are required to be submitted along with the application. For an application involving the alteration of an existing building the plans require to be coloured to show the extent of the new work proposed. Applications for conversion and erection of domestic buildings may be subject to consultation with statutory bodies such as Scottish Environment Protection Agency (SEPA), Scottish Water etc and in these circumstances three copies of the plans should be submitted along with the application. Similarly, non domestic projects will incur consultation with a number of statutory bodies and in these circumstances three copies of the plans are required. Further copies may be required by the Surveyor where several consultations are required.

All architectural plans can be submitted on paper and should be clear and easy to read as they may be scanned and stored electronically. Durable copies of plans are no longer required. Where the application is submitted in electronic format, early consultation with the Building Standards Service is required to agree the electronic format of the submission.

HOW MUCH WILL IT COST?
Fees for Building Warrant are set by the Scottish Building Standards Agency on behalf of the Scottish Executive and are based on the value of the proposed construction works excluding VAT. To establish the fees applicable for the value of works refer to Appendix B (pdf 28kb). 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. The cost of verifying compliance is the same in both cases, indeed it may even be higher in a self-build project, so it is considered equitable that the warrant fee should be calculated on the same basis.

Consequently, the Building Standards Service will review the estimate of value of works specified on the application form by reference to the Royal Institution of Chartered Surveyors Building Cost Information Surveys of Tender Prices. This guide provides the £/m² for the construction works. If the Building Standards Service believes the value of the works should be higher than that stated, the application will not be validated unless the value is increased and the appropriate additional fee paid.

There is no fee for works to alter or extend the dwelling of a disabled person provided the works are solely for the benefit to provide facilities for that person. However, a fee will be required where the proposed works are not for the benefit of the disabled person and where the works are proposed in non-domestic buildings.

Where the construction works involve a structural engineer designing the proposed works a 10% discount will be available where the application is submitted along with a SER Certificate of Structural Design. Discounts are not applicable where the Certificate of Structural Design is submitted after the application has been validated. Details of this Certification Scheme can be viewed on www.SER-Ltd.com

STATUTORY CONSULTATIONS
Depending on the nature of the construction works it may be necessary to seek the permission of other statutory bodies such as Scottish Environmental Protection Agency (SEPA), Scottish Water, Environmental Health, Licensing Board, the Fire and Rescue Service etc. where the works impact on the other legislation. Minor domestic alterations would not normally require any consultation. To reduce the consultation process timescale it is advantageous for the applicant or agent to consult with the relevant statutory bodies at the earliest point. To establish which statutory bodies will require to be consulted it is advisable to contact the Building Standards Service as noted below who will advise on the specific bodies (if any) who require to be consulted.

WHAT HAPPENS TO MY BUILDING WARRANT AFTER SUBMISSION?
On receipt of the Building Warrant application a procedural check will be carried out to establish whether the application is valid or not. This process reviews the details within the application form, the accuracy of the fee and the suitability of the plans. Where this check identifies that the application is deemed invalid then the applicant (and if applicable the agent) will receive a letter confirming the reasons for the application being invalid. These outstanding matters require to be resolved prior to the application being validated.

Once the application is validated it shall be allocated to a Surveyor who will assess the proposed building works against the Building Standards (Scotland) Regulations 2004 to ascertain whether the proposed works comply with the Regulations. This assessment process will review issues such as structural strength and stability, structural fire precautions, means of escape, ventilation, provision of insulation, accessibility, drainage, housing standards, etc. The time taken to deal with the application will be determined by the section's current workload, time of year and availability of staff.

It is the aim of the Service to review all validated applications within 4 weeks. The acknowledgement letter issued to the applicant (and if applicable the agent) will advise of the application reference number, Surveyor processing the application and specific timescale for the application to be assessed.

Where the application complies with the Regulations the application shall be approved and issued accordingly. However, where the assessment identifies that there are areas of non-compliance within the design or areas where further information is necessary, then the applicant (and where applicable the agent) will be issued with a letter explaining the issues which require to be regularised. Once all the outstanding information has been submitted and reassessed, then the application shall be approved. A warrant is valid for 3 years from the date of its issue unless the period is extended by Building Standards following the submission of an application form and relevant fee to extend the life period of the warrant.

The construction works can only commence when the Building Warrant has been approved, otherwise the person carrying out the work may be subject to enforcement action under the Building (Scotland) Act 2003. A summary of the Building Warrant process is illustrated on the BSP3 Flow Chart Building Warrant Process.

DO I NEED ANY OTHER PERMISSION?
As well as requiring a Building Warrant there may be other consents required as listed below:-

PLANNING PERMISSION
The Development Promotion Section of the Planning, Development and Building Standards Division will provide you with advice on whether Planning Permission is required or not. Contact can be made on 01563 576790. It is very important, that the applicant ascertains whether both permissions are necessary as often you will require both Building Warrant and Planning Permission. Where works are undertaken without the necessary approval it may prove costly and wasteful if you start work without both and the Council decides to take action against you.

DISPOSAL OF EFFLUENT FROM SEPTIC TANK, SMALL SEWAGE TREATMENT WORKS OR SUDS SYSTEMS
If your proposals include taking effluent from a septic tank to a watercourse, field drain or ditch or require to install a Sustainable Urban Drainage System, (SUDS) then you may require approval from:-

Where SEPA approval is required, the provision of the approval with the Building Warrant submission will reduce the consultation period and the associated timescales.

OCCUPATION OF ROAD TO DEPOSIT BUILDING MATERIALS, RUBBISH SKIPS OR ERECT SCAFFOLDING
Where it is necessary to occupy a public road or pavement to deposit building materials or rubbish skips or erect scaffolding then you should contact the Roads Service at:-

UTILITIES
Where the construction works proposed are in close proximity to, or over, any existing plant and/or equipment owned by one of the utilities, i.e. British Telecom, TRANSCO, Scottish Water, Scottish Power it is the applicants responsibility to inform these bodies of your proposals so that their approval can be obtained. Thereafter your proposals should be designed to accommodate the proposed Utilities.

WHERE TO SUBMIT THE BUILDING WARRANT APPLICATION
The duly completed application form, relevant fee and architectural plans should be submitted to:-