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: