A new approach to compliance with the Building Regulations in Scotland is being developed by the Building Standards Division of the Scottish Government, in response to the recommendations made by the 2018 Review Panel on Building Standards Compliance and Enforcement.

The new approach is designed to:

• minimise the risk of completed buildings failing to comply with the building regulations and the building warrant approved plans and details
• increase compliance with building warrant process legislative requirements (procedural compliance) to support the delivery of safe compliant buildings and the legal use/occupation of buildings
• support the relevant person (normally the building owner/developer) to control the work on site to build in accordance with the approved building warrant plans and the building regulations, to deliver a compliant building and be able to evidence this, and
• ensure the planned local authority verification inspections, checks and evidence within the approved building warrant compliance plan are fully achieved.

For more information on the Compliance Plan Approach click here.

An Early Adopters (EA) Scheme for the new approach to compliance was introduced in March 2024, for high risk building projects. The Scheme is aimed at owners/developers (Relevant Person) who are legally responsible for compliance within building warrant projects and would like to participate in early trials of the new CP approach.

Participation in the EA Scheme allows the Relevant Person (RP) to benefit from the CP approach for building warrant applications before there is a legal requirement to do so. The Scheme will be used to support the further development of legislation and guidance to develop a nationally consistent CP approach to the delivery of building regulation compliant buildings.

The initial EA Scheme is aimed solely at new build high risk building (HRB) projects. For this purpose, HRBs are defined as:

• Domestic buildings or residential buildings with any storey at a height of more than 11 metres above the ground
• Educational establishments (schools, colleges and universities), community/sport centres
• Hospitals
• Residential care buildings

To take part in the Early Adopters Scheme projects must meet the following minimum requirements: 

• Is a new build HRB, as defined above.
• The initial design has been substantially completed.
• A main contractor has been or is about to be appointed.
• The submission for an application for a building warrant is currently being developed or, if by agreement, the project is in the early stages of the building warrant process.
• There is digital capability available to share the Compliance Plan with the Compliance Plan Manager (CPM) and verifier as a living document.
• The Project Team agrees to provide feedback to the Scottish Government to assist with development of the legislation and guidance relating to the new CP approach.

It is envisaged that during this initial launch phase around 6 projects will be considered.

For more details in participating in the Early Adopters scheme click on the button below –

Please note that applications to participate in Phase 1 of the Early Adopters Scheme closed on 30 September 2024. Information on Phase 2 will follow.

The new Compliance Plan (CP) approach will define and implement (through changes in future legislation) an appropriate and robust building warrant compliance assurance regime.

Its purpose is to demonstrate that the duty imposed on the “relevant person” to certify compliance with building regulations (by signing and submitting a completion certificate to the verifier) is being managed robustly at both the design and construction stages, to deliver a compliant building.

Currently a Construction Compliance and Notification Plan (CCNP) is created in line with national guidance and issued by the verifier along with the approved building warrant.  The CCNP identifies the stages of construction that the verifier requires to be notified to provide them the opportunity to make inspections and checks. The verifier can also agree to the submission of alternative compliance evidence in line with national Verification During Construction guidance.

The new CP approach being piloted by the EA Scheme changes this process.  The Compliance Plan Manager (CPM), working with the design team and contractor (if in place), is responsible for developing a CP, in line with the guidance in the new EA Compliance Handbook – Compliance Handbook Early Adopters Scheme – gov.scot (www.gov.scot).  The CP will detail the measures that the RP will have in place to control the work on site, identify the necessary compliance evidence to be collated and detail the notification stages and evidence required by the verifier.

The CP is then submitted by the CPM to the verifier for provisional agreement at a Building Warrant Compliance and Procedural Assessment stage.  It is worth noting that the verifier does not have to accept the CP, as proposed, at this stage. Where insufficient information has been provided or if there is a need for changes to the proposed inspection stages or evidence provided, the verifier will require the CP to be amended.

The provisionally agreed CP is then considered again at the building warrant application stage and can be amended if the design or other compliance arrangements have changed. Once content the verifier will issue the CP with the approved building warrant.

At the completion of the project, the CP requires to be fully discharged before the verifier can accept a completion certificate.

The Compliance Plan Handbook is available here –

Compliance Handbook Early Adopters Scheme – gov.scot (www.gov.scot)

Copies of the forms which will be used for the delivery of the Compliance Plan Approach are available here –

Application for Pre-Warrant Compliance and Procedural Assessment (To be completed in line with guidance within the Early Adopters Compliance Handbook by the Compliance Plan Manager/Relevant Person.)

Compliance Plan Proposed / Agreed in Principle (To be completed by the Compliance Plan Manager to support the Pre-Warrant Compliance and Procedural Assessment)

Approved Compliance Plan (to be issued by the verifier when granting the building warrant)