The Building Safety Act Scotland

Scotland has its own building safety system and has been implementing reforms since the Grenfell Tower tragedy. The Scottish Government has been proactive in reviewing and enhancing its building safety measures, with some existing systems already incorporating elements similar to those in the UK Building Safety Act.

In February 2021, Scotland introduced new fire safety standards for high-rise buildings, including mandatory installation of sprinklers in certain new-build properties and social housing. The Building (Scotland) Amendment Regulations 2022 further enhanced fire safety measures, particularly for cladding systems on high-rise buildings.

While Scotland maintains its own regulatory framework, certain aspects of the UK Act, such as the Construction Products Regulator, will have a UK-wide remit including Scotland. The Scottish Government continues to monitor developments in England and considers which elements might be beneficial to adopt or adapt for Scottish circumstances.

Scotland has also established its own New Build Heat Standard, set to be implemented from 2024, demonstrating its commitment to both safety and sustainability in new constructions. As reforms progress, the Scottish construction industry should stay informed about both Scotland-specific regulations and UK-wide measures that may impact their operations.

The Act introduces the following:

1. New rights of action for homeowners and others.
2. Extended time limits for certain claims.

It creates new rights of action against persons who:

• Fail to comply with construction or cladding product requirements.
• Make a misleading statement about a construction or cladding product, during supply or marketing.
• Manufacture an inherently defective construction or cladding product.

These provisions are applicable to products used in the construction of a residential building that have caused the building to become ‘unfit for habitation’ – this is a term derived from the Defective Premises Act 1972, which did not previously apply to Scotland, but now does under the mandate of the Building Safety Act.

Anyone with a right or interest in a residential building, including its owners or tenants, can make a claim based on these new provisions, whether they have any direct connection to the party in breach. Liability extends to personal injury, damage to property, and/or economic loss.

The Act extends the limitation period for liability for construction or cladding products from 5 (as under the previous superseded legislation) to 15 years, except where the products have been used in buildings completed before the Act comes into force, where a 30-year time limit will apply.

Other Changes To The Law

• New powers for the Scottish Parliament to introduce regulations governing the supply and marketing of construction products.
• A New Homes Ombudsman scheme, for disputes between new home purchasers and their developers.
• Amendments to the Architects Act 1997, such as the introduction of a new Appeals Committee for the Architects Registration Board.
• Changes to the competence requirements for practicing Architects.
• The changes will lead to Increased scrutiny on everyone involved in the supply and installation of cladding and other construction products. A Construction Products Reform Green Paper has been published by the UK Parliament on 26 February 2025 and the consultation is currently live. Any legislation that derives from this will cover the whole of the UK and may have interpretations made by the Scottish Government.

Scottish Government response to the Grenfell Tower inquiry Phase 2 Report

On 25^th March 2025, the Scottish Government published a response to the Grenfell Tower Inquiry phase 2 report. This gives a summary of ongoing work and future actions being looked at by the Scottish Government’s Ministerial Working Group on Building and Fire Safety.

This confirmed that a review of fire safety standards and guidance is currently being undertaken. Amongst the key parts of the Scottish Government’s response, are the following:

• Legislation following consultation to strengthen the building standards system. This will include the introduction of a new Compliance Plan Manager (CPM), and changes to enforcement powers and sanctions. Currently, the CPM role is still being developed but it is intended to be a mandatory and independent role for scrutinising high-risk category building projects in Scotland. It is intended that the CPM role should be responsible for demonstrating the achievement of compliance, rather than being accountable for the work undertaken by individual project stakeholders to meet the compliance requirements. The CPM role is to be primarily about the coordination, oversight and information management of the process of compliance, as it is achieved by the project stakeholders. It is to be impartial and fully independent of the verifier, designer, contractor, sub-contractors and specialists involved in the project. It will support the Responsible Person (ie. The building owner/developer) to meet their legislative requirements.

  The CPM will be ideally appointed as soon as possible after planning permission of a development has been granted. The CPM will provide continuity of compliance, oversight and coordination as early as possible but no later than pre-application assessment, through to building completion of a HRB Project.

  A Compliance Plan (CP) covering the building warrant pre-application discussion stage on to completion will be created by the CPM who will ensure that the CP is fully executed and achieved on behalf of the RP as their ‘duly authorised compliance agent’.

  The CPM is to oversee building works to the point that the RP or the CPM can legally submit a completion certificate to the verifier. The CPM will ensure that the verifier has been able to make all planned inspections and checks and is able to accept the completion certificate submission, resulting in an assured, safe building ready for handover.

  Further consideration on the role and remit of the CPM is still being undertaken. This includes who pays for the CPM, their independence and competency requirements, and the extent of their authority over decisions taken by the RP, amongst other issues.

• Consideration for the need for a Chief Construction Adviser, what the role and its functions would be.
• Undertaking a fire safety information awareness campaign during 2025 focused on high rise buildings. This will reinforce the action residents can take to reduce the risk of fire and support vulnerable people to take appropriate action in the event of a fire.
• Consider how to bring in the regulated requirements to carry out either a Personal Emergency Evacuation Plan (PEEP), a person-centred risk assessment or equivalent.
• Further consultation on the introduction of mandatory periodic fire risk assessments in specified high rise buildings to reduce the risk of fire, and to promote the long-term integrity of the system for cladding remediation in Scotland, including the Cladding Assurance Register.
• A commitment to strengthen fire risk assessor competency in Scotland and the requirements for duty holders to hire a competent assessor through legislation.

Scottish Ministers have stated their commitment to taking action to deliver against the recommendations set out in the Phase 2 Report and to continue the work that is already underway. Further developments and changes are likely in the future.