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Scotland

Scotland operates its own building safety system and has been strengthening it since the Grenfell Tower fire. Many safeguards already in place were similar to those later introduced under the UK Building Safety Act. 

In 2021, Scotland brought in new fire safety standards for high-rise buildings, including mandatory sprinklers in new-build social housing. The Building (Scotland) Amendment Regulations 2022 further tightened requirements, particularly around cladding on high-rise buildings. 

Although Scotland maintains a separate regulatory framework, some parts of the UK Act, such as the Construction Products Regulator, apply UK-wide. Scotland continues to monitor developments in England and adopts or adapts measures where appropriate. 

Scotland is also introducing the New Build Heat Standard from 2024, reflecting its wider focus on safety and sustainability. 

Key Legal Changes Introduced by the UK Act (as applied in Scotland) 

The Act introduces new rights and extended time limits relating to construction and cladding products. These include: 

New Rights of Action

Claims can now be made against anyone who: 

  • Fails to comply with construction or cladding product requirements 
  • Makes misleading statements about such products 
  • Manufactures a defective construction or cladding product 

These provisions apply where a product used in a residential building renders it “unfit for habitation.” This concept, originating from the Defective Premises Act 1972, now applies in Scotland. 

Anyone with an interest in a residential building, owners, tenants, or others, may make a claim, even without a direct contractual link. Liability covers personal injury, property damage, and economic loss. 

Extended Time Limits for Certain Claims

  • For future cases: 15 years 
  • For buildings completed before the Act: 30 years 
  • (Previously, the limit was 5 years.) 

Other Changes

  • New powers for the Scottish Parliament to regulate construction product supply and marketing 
  • A New Homes Ombudsman for disputes between buyers and developers 
  • Amendments to the Architects Act 1997, including a new Appeals Committee and updated competence requirements 
  • Increased scrutiny on cladding and construction product supply chains 

A Construction Products Reform Green Paper was published in February 2025; any resulting UK-wide legislation will apply in Scotland, with Scottish Government input. 

Scottish Government Response to the Grenfell Tower Inquiry (Phase 2)  

On 25 March 2025, the Scottish Government published its response to the Inquiry’s Phase 2 report. It sets out ongoing and planned reforms led by the Ministerial Working Group on Building and Fire Safety. 

Key actions include: 

Strengthening the Building Standards System

Work is underway to introduce legislation that will: 

  • Create a new Compliance Plan Manager (CPM) role 
  • Expand enforcement powers and sanctions 

Compliance Plan Manager (CPM) 

  • An independent, mandatory role for high-risk building projects 
  • Oversees compliance planning, coordination, and evidence—not the technical work itself 
  • Must be fully independent of verifiers, designers, contractors, and specialists 
  • Supports the Responsible Person (RP)—usually the building owner or developer 
  • Appointed soon after planning permission and remains involved through to building completion 

The Compliance Plan (CP) will be prepared and managed by the CPM, ensuring all required steps are completed before a completion certificate is submitted. 

Further work is ongoing to determine: 

  • Who funds the CPM 
  • Competency requirements 
  • The extent of the CPM’s authority 

Additional Measures Under Consideration

  • Establishing a Chief Construction Adviser 
  • A 2025 fire safety awareness campaign for high-rise residents 
  • Introducing requirements for PEEPs (Personal Emergency Evacuation Plans) or equivalent assessments 
  • Consulting on mandatory periodic fire risk assessments for high-rise buildings 
  • Strengthening the competency of fire risk assessors 
  • Supporting cladding remediation through the Cladding Assurance Register 

Scottish Ministers have committed to delivering the Inquiry’s recommendations and progressing ongoing reforms. Further changes are expected as work continues.