Building Standards

Where development works are not subject to the requirements of the Planning Regime, the Building Standards (Scotland) Regulations 1990, made under the Building (Scotland) Act 1959, provide powers to require measures to be taken to protect the fabric of new buildings, and their future occupants, from the effects of contamination. Regulation 16(1) states that site and ground immediately joining sites shall be prepared or treated in order to provide protection from harmful or dangerous substances.

In Moray, all building warrant applications which do not have associated planning applications are addressed for contaminated land issues. However, where developments are subject to planning and building warrant applications, contaminated land issues will be addressed through the planning process.

When looking at a building warrant application for potential contamination, the site is screened against the Council’s Contaminated Land Register, Contaminated Land Database and maps from the 1860’s until the present day.

Where a potential source of contamination is identified, a Phase I investigation (Desk Study) will be required of the applicant. This type of investigation looks at the history of the site and surrounding area, as well as issues such as geology, hydrogeology etc.

Once your Phase I investigation is complete, it will be audited by a Contaminated Land Officer, who will advise you if supplementary information is required. Should the Phase I investigation show a negligible risk of ground contamination, no further action will be necessary. However, if a risk is identified, a Phase II investigation (sampling & analysis) may be required. The purpose of this type of investigation is to identify the nature and extent of any contamination in order that a risk assessment may be carried out.

The purpose of the risk assessment is to determine whether the type and amount of contamination identified is likely to have an impact upon human health, water or the environment, taking into account the proposed end use of the site. If the risk assessment highlights a significant risk, remediation may be necessary. Where necessary, ongoing monitoring works may also be required.