A round-up of recent developments relating to building safety in Scotland.

Scotland's approach to cladding remediation works

The Housing (Cladding Remediation) (Scotland) Act, which was granted Royal Assent on 21 June 2024, sets out a framework for regulated assessments and remediation of certain buildings with unsafe cladding in Scotland. We await the draft regulations for the finer details but, in the meantime, you can read our article (written before Royal Assent was given) here which covers the following:

• a recap on the Scottish approach to cladding remediation works;
• proposals for cladding remediation works;
• the Bill's progress through the Scottish Parliament;
• the key provisions of the Housing (Cladding Remediation) (Scotland) Bill; and
• a summary of the approved Bill which lays the foundations of the Scottish remediation programme.

The Scottish government has also published the Single Building Assessment Specification (SBA) which "sets out the methodology for the proper carrying out of an [SBA]. This forms part of the standards specified in Section 25(1)(c) of the [Bill] and for the carrying out of an Additional Work Assessment (AWA) as specified by Section 26A of the Bill".

Building Safety Levy in Scotland

Back in April 2024, the Scottish government issued a press release confirming its intention to tax developers to raise funds to help fix building safety issues. The "Scottish Building Safety Levy [is intended] to apply to the construction of new residential buildings, mirroring measures being introduced in England through the [BSA 2022]". The funds raised would then be directed towards supporting the Scottish government's cladding remediation programme. Consultation with developers is to follow.

Do not confuse the Scottish Building Safety Levy with the planned Infrastructure Levy (levy) which is aimed at funding infrastructure for wider growth in Scotland. In an update published by the Scottish Property Federation (SPF) (see the SPF Voice, August 2024), the SPF reported that its policy committee had met with officials working on the regulations which will introduce the levy. The update reports the officials' brief on the core criteria of the levy which "is intended to develop a formula to set the levy in advance of development. This could involve setting a zone and using the formula to predict an average charge per square metre for the area, that will be set according to type of development". Variables for the rate are under consideration. Concerns were raised including on the lack of clarity on which projects would be funded by the levy and how the levy aligns with the relevant development plan process. The SPF has invited industry feedback on the levy proposals via this email spf@bpf.org.uk.

Building standards enforcement and sanctions: consultation outcome report

The Scottish government has published its Building standards enforcement and sanctions: consultation outcome report on the strengthening of existing enforcement and sanctions provisions in the Building (Scotland) Act 2003. The report sets out its findings and summarises the responses to the Building Standards Enforcement and Sanctions consultation and the next steps.

The consultation dealt mainly with strengthening the provisions in the Building (Scotland) Act 2003 and the report confirms the Scottish government's intention to amend the following sections:

Section 21: Occupation or use without completion certificates in relation to which most respondents were: in "agreement with the proposal to improve enforcement and ensure buildings are not occupied without a completion certificate or temporary occupation certificate"; and in "explicit agreement that the building owner should be held accountable". Section 21 is to be amended to enable a local authority to take action on owners and make them accountable where a building is being occupied illegally;

Section 27: Building warrant enforcement notices which will be amended to include the option to remove work; and

Section 48: Penalties for offences which will be amended to increase penalties for offences including the option of a two-year custodial sentence.

To discuss or for further information on any of the above, get in touch with Mark.Macaulay@dentons.com.