Date lodged: 28 November 2016
To ask the Scottish Government what liability local authority providers of building control have in cases where faults are found with new-build homes.
Answered by: Kevin Stewart 12 December 2016
The Building (Scotland) Act 2003 sets out the duties of a local authority in their role as a verifier and as the enforcement authority. It is the responsibility of the ‘relevant person’, generally the owner or developer, to ensure that a building has been constructed in accordance with the building regulations. The Act includes provisions for offences and liabilities and any civil or criminal proceedings will depend on the individual circumstances of the case.