On behalf of the Scottish Government, the Building (Scotland) Act 2003 gives Midlothian Council the power to take enforcement action against you:

  • if you carry out work that requires a building warrant without first obtaining a warrant, or
  • to make sure that public safety is maintained in relation to defective and dangerous buildings.

Work requiring a building warrant

It is your responsibility to find out if a building warrant is required before the start of any work. If you start work that requires a building warrant before obtaining a warrant, you are committing an offence.

It is also an offence to occupy a building without the necessary completion certification for work involving new build, extensions or conversion.

The most common issues that give rise to enforcement are when work requiring a building warrant is carried out:

  • without securing a building warrant.
  • and the work is ongoing, without securing a building warrant, even if a building warrant application has been submitted.
  • contrary to the building warrant, where a building warrant has been obtained.

Maintaining public safety

Information on enforcement for dangerous and defective buildings is detailed here: