Exemption from Building Regulations?
My inquiry is actually on behalf of my mother who has been granted a Certificate of Lawfulness, based upon her occupancy of her self-built dwelling for over 4 years.
We thought that if she were granted this certificate it would be the conclusion of the matter and that she would be able to live peacefully in her home. However the council is adamant that she now also needs to apply for a building warrant or potentially face prosecution.
In reading online we have never heard of people who have been successful in being granted a Certificate of Lawfulness being asked to comply with the building regulations. In the Chapter 7 handbook (an NGO that gives advice on planning matters) it is quite categorical that it is not necessary for people to have to comply with building regulations if they have been given a Certificate of Lawfulness and on the phone stated that they have no knowledge of anyone else facing this obstacle in all the cases they have been involved with and heard of.
If this were true, as opposed to what the council is saying, it would mean that planning law ‘outweighs’ the building regulations legislation.
However they are an NGO based in England, as were the news stories… and maybe there are key differences in Scottish law in this area?
Is it possible that the building is exempt from enforcement of the building regulations? If so is there an exact area of law that states this that we can refer to?
Also is it possible that the building, my mother’s home, might be classified as a shed within the meaning of Section 73 of the Public Health (Scotland) Act 1897 and therefore exempt form building regulations?
Thank you for your time with this..
Best wishes, CB
Question Posted By – cb In Area – North East Scotland