What is the process of applying for a building warrant?
A building warrant application in Scotland is a formal request submitted to the local authority for approval before starting construction or alteration work on a building. It ensures that the proposed project complies with building regulations, safety standards, and other legal requirements. The application typically includes detailed plans, specifications, and relevant documentation to demonstrate that the project meets the necessary standards. Once approved, the building warrant allows the work to proceed legally.
As we mentioned in our ‘What is Planning?’ blog article, here at Houlet Studio we have a design process that we try our best not to stray from. To give you an idea where the Building Warrant stage sits in that process here are the stages we work to:
1. Site survey.
2. Initial concept designs (3 options in 3D as standard).
3. Meeting to discuss concept designs.
4. Developed design.
5. Planning drawings and application submission.
6. Planning approval.
7. Initial building warrant drawings.
8. Structural engineer's drawings.
9. Developed building warrant drawings and application submission.
10. Upon receipt of consents, you are now ready for the construction phase.
To submit a building warrant application in Scotland, an architect typically needs to do the following:
Prepare Documentation: The architect needs to create detailed plans, drawings, and specifications for the proposed construction or alteration work. These documents should clearly outline the design, dimensions, materials, and structural details (from the Structural Engineer) of the project.
Complete Application Form: The architect must fill out the appropriate application form provided by the local authority. This form requires information about the project, including its purpose, location, proposed changes, and details about the architect and client.
Provide Supporting Information: Along with the application form and Architect’s drawings, the application should also include supporting documentation, such as Engineer’s drawings, specification and SER Certificate, U-Value Calculations and any other relevant information that demonstrates compliance with building regulations.
Pay Fees: The architect needs to ensure that the required fee is paid along with the application. At Houlet Studio, we issue the client with instructions on how to pay the local authority directly. The fee amount varies depending on the scope and scale of the project.
Submit Application: The architect submits the completed application form and supporting documents, along with the required fee, to the local authority responsible for building standards.
Engage in Communication: The architect may need to respond to any queries or requests for additional information from the building standards department during the review process. Open communication is important to address any concerns or provide clarifications promptly.
Await Decision: The local authority reviews the application to ensure compliance with building regulations, safety standards, and other legal requirements. The review process can take several weeks or even months, depending on the complexity of the project and the local authority’s workload .
Receive Decision: Once the review is complete, the local authority will provide a decision on the building warrant application. The decision can be an approval or a rejection. The Approval will include a Construction Notification Plan outlining when Building Control will want to be informed of crucial stages of the build and visit the site to ensure it is as per the Building Warrant Approval.
Notify Building Control of Work Starting: Within 7 days of the project starting (preferably before work starts) Building Control require to be informed of work starting. This form is usually included in your Building Warrant Approval.
Start Work: If the application is approved and Building Control notified of works starting, the client can proceed with the construction or alteration work outlined in the application.
Construction Notification Plan: It's important to adhere to the approved plans and specifications throughout the project and to notify Building Control of Crucial Stages as stated on the Construction Notification Plan.
Completion Certificate: Once the construction work is complete, Building Control will need to be informed and a Completion Certificate applied for along with additional information such as an Electrical Certificate, Form Q and any other relevant information requested by Building Control. Building Control will then come out and inspect the works and if deem it to be complete in accordance with the Approved Building Warrant Drawings, will issue a Completion Certificate. Is this Completion Certificate along with the Building Warrant Approval that are important documents to prove that the completed construction works comply with the Building Regulations.
It's crucial to follow these steps accurately to ensure a smooth application process and compliance with Scottish building regulations.
What is the role of a Structural Engineer?
Architects will involve a structural engineer when preparing a building warrant application. A structural engineer plays a crucial role in ensuring the safety and stability of the proposed construction or alteration work. Here's how their involvement typically works:
Structural Assessment: The architect may consult with a structural engineer during the initial design phase to assess the structural integrity of the project. The engineer evaluates factors such as load-bearing capacities, stability, and the impact of the proposed changes on the building's structure.
Engineering Calculations: For complex projects or those involving significant structural modifications, the structural engineer performs detailed calculations to determine the appropriate size and specifications for structural elements like beams, columns, and foundations.
Detailed Drawings: The structural engineer produces detailed drawings and diagrams that illustrate the layout and specifications of the structural components. These drawings are often included in the building warrant application to demonstrate compliance with building regulations.
Supporting Documentation: The engineer provides documentation that outlines the engineering principles and methodologies used in the design. This can include explanations of load distribution, stress analysis, and other technical aspects.
Collaboration with Architect: The structural engineer collaborates closely with the architect to integrate the structural design seamlessly into the overall project. This ensures that architectural and structural considerations align effectively.
Compliance with Regulations: The involvement of a structural engineer helps ensure that the proposed construction meets the safety and stability requirements outlined in building regulations. This is a critical aspect of the building warrant application process.
SER Certification: A SER (Structural Engineers Registration) certificate is a document issued by the Structural Engineers Registration Ltd. (SER Ltd.) in Scotland. It certifies that the structural design work for a construction project, including new buildings or major alterations, has been carried out by a qualified structural engineer and that the design complies with the relevant structural standards and regulations.
The purpose of the SER certificate is to ensure that structural designs are developed by competent professionals, promoting the safety and stability of buildings. In Scotland, obtaining an SER certificate is often a requirement for certain types of construction projects, and it is particularly important for projects that fall under the mandatory certification scheme. This scheme requires that a SER certificate is obtained for the structural design before building work begins.
When submitting a building warrant application in Scotland, including an SER certificate as part of the documentation can help demonstrate that the structural design of the project meets the required standards, contributing to the approval process. It also reduces the application fee by 10% as the certification means that Building Control do not need to check calculations as they are already certified through this process.
Consultation with Authorities: In some cases, the structural engineer may need to communicate directly with the building standards department to provide clarifications or address any technical questions related to the structural design.
By involving a structural engineer, architects enhance the quality and safety of their designs, increase the likelihood of a successful building warrant application, and contribute to the overall success of the construction project.
What are the costs involved with a Building Warrant application?
The costs of a Building Warrant application can vary based on several factors, including the type of project, its size and complexity. Here's a general overview of potential costs:
Application Fee: Local authorities typically charge an application fee to process a Building Warrant application. This fee can vary significantly depending on the nature of the project. For larger or more complex projects, the fee may be higher. Smaller projects might have lower fees. There is a fee calculator on the Building Standards website which helps you obtain the fee cost after you answer some project specific questions.
Additional Fees: Depending on the scope of the project, there could be additional fees for specific services, such as drainage assessments, energy efficiency calculations, and fire safety assessments.
Amendments: If the application requires an Amendment to cover changes after the application has been approved, a fee to cover this Amendment Application will be required.
Late Submission Fees: If an application is submitted after work has started or has already been completed, late submission fees will apply to your application.
Mandatory Certification Fees: If your project falls under mandatory certification, there might be fees associated with obtaining required certificates, such as the SER certificate for structural engineering. If you do provide a SER certificate there is a small discount to your application fee as a result.
It's important to check with the specific local authority where you intend to submit the Building Warrant application to get accurate and up-to-date information about the associated costs. The local authority's website or building standards department should provide details about the fees and charges for Building Warrant applications in that area.
How long does the Building Warrant Application process take?
The time it takes to obtain a Building Warrant in Scotland can vary based on several factors, including the complexity of the project, the completeness of the application, the workload of the local authority's building standards department, and any potential revisions or clarifications required during the review process. As a general guideline, the process can take several weeks to a few months.
It's important to note that these timelines are approximate and can vary widely based on the factors mentioned. To get a more accurate estimate of how long it might take for a specific project, it's advisable to enquire with the local authority's building standards department or visit their website for information on typical processing times.
Do you need Planning before getting a Building Warrant?
In most cases, you need to obtain planning permission before applying for a Building Warrant in Scotland. Planning permission and Building Warrant are two separate approvals required for construction or alteration projects, and they serve different purposes.
In many cases, before applying for a Building Warrant, you are required to have planning permission in place. The rationale behind this is that the planning permission confirms that the local planning authority is satisfied with the overall concept and design of the project, while the Building Warrant ensures that the technical aspects of construction meet the necessary standards.
It's important to note that some minor projects or alterations may be exempt from requiring planning permission, but you should always check with the local planning authority to determine whether planning permission is needed for your specific project. In most cases it is our view that it is advisable to apply for a Certificate of Lawfulness even if the project does not require Planning Approval.
Additionally, always ensure you follow the proper sequence by obtaining planning permission before applying for a Building Warrant to avoid any potential legal issues, delays and costs of having to change both sets of drawings further down the line.
You can read more about Planning Permission in our ‘What is Planning?’ article.
Dangers of carrying out building work without a required Building Warrant!
In Scotland it is considered a serious offense and can lead to legal consequences and financial penalties. The Building (Scotland) Act 2003 and related regulations outline the legal framework for building standards and procedures in Scotland.
Here's what could happen if you proceed without obtaining the necessary Building Warrant:
Enforcement Action: The local authority's building standards department has the authority to take enforcement action if they discover that construction work is being carried out without a proper Building Warrant. This could involve issuing a stop notice or enforcement notice, which would require you to halt the work until the appropriate approvals are obtained.
Financial Penalties: If you proceed with construction work without a Building Warrant, you could be subject to financial penalties. These penalties can be substantial and may increase depending on the scale and impact of the unauthorised work.
Legal Consequences: Unauthorised construction work can result in legal proceedings, which may include court actions and legal disputes. You could be held liable for breaching building regulations and other legal requirements.
Remedial Work: In some cases, if the unauthorised work is found to be non-compliant with building regulations or safety standards, you might be required to make corrections or undertake additional work to bring the project into compliance. This could result in additional costs and delays.
Impact on Property: Proceeding without the proper approvals could affect the value and marketability of the property and also invalidate your buildings insurance. It might also complicate future property transactions.
Liability and Insurance: If any issues or accidents arise due to the unauthorised work, your liability insurance may not cover the damages since the work was carried out without the necessary approvals.
It's essential to adhere to the appropriate legal procedures and obtain the required Building Warrant before commencing construction work.
Our next ‘Building Blocks’ article will deal with the role of the Initial Design stage in our 10 step process and we hope to have that ready for by the end of the month.
As ever, if you have any questions about this article or have any suggestions for future articles please let us know directly or in our social media comments sections.
