Following the fatal fire at the Cameron House Hotel in 2017, and the outcomes of the subsequent fatal accident inquiry into the tragedy, the Scottish Government created two expert panels: one “short-life working group” to review the fatal accident inquiry’s recommendations (reported in October 2023), and another to consider long-term commitments and review other relevant aspects of Scotland’s building standards and fire safety guidance.
In response, the Amendment Regulations implement changes to the existing Scottish building regulations. This has been achieved by introducing amendments to the Building (Scotland) Regulations 2004 (the "2004 Regulations"), which sets out the minimum standards to be achieved in the design, construction, demolition and conversion of buildings in Scotland.
What amendments will be implemented?
The Amendment Regulations introduce two main amendments to the 2004 Regulations:
- External Wall Cladding Systems
The 2004 Regulations (as amended) prohibit the incorporation of highly combustible metal composite materials in external wall cladding systems. Further, materials forming an external wall cladding system must achieve certain classifications set out in the 2004 Regulations. This applies to relevant buildings—buildings that are at least 11 metres in height and include, for example: (i) a dwelling, (ii) a hospital, (iii) a residential care building, or (iv) a residential building with multiple occupants.
Much of this was implemented by The Building (Scotland) Amendment Regulations 2022 (SSI 2022/136) which, similarly, amended the 2004 Regulations in the post-Grenfell period.
The Amendment Regulations extend these requirements to apply to hotels, hostels, guest houses, and boarding houses. This means that:
- the design and construction of hotels and other forms of short-term accommodation must now comply with the 2004 Regulations (as amended) in this respect; and
- any works to existing hotels and other forms of short-term accommodation that require a building warrant will likely necessitate the remediation of any existing external wall cladding system that does not comply with these requirements.
- Automatic Fire Suppression Systems
Separately, the 2004 Regulations require the incorporation of automatic fire suppression systems (“AFSS”) in certain buildings. AFSS primarily refers to sprinkler systems but can include other systems (e.g. watermist systems). This requirement already applies to relevant buildings such as: (i) enclosed shopping centres, (ii) residential care buildings, and (iii) social housing.
As introduced by the Amendment Regulations, AFSS must now be installed where:
- a traditionally constructed building is converted to a hotel, hostel, aparthotel, guest house, or boarding house with 15 or more rooms intended to be used as sleeping accommodation;
- an extension is of traditional construction and comprises 15 or more rooms intended to be used as sleeping accommodation in the extension alone; or
- an extension is of traditional construction, is not compartmented from the existing building, and causes the whole hotel to have 15 or more rooms intended to be used as sleeping accommodation.
For the avoidance of doubt, the Amendment Regulations do not mandate AFSS in conversions resulting in fewer than 15 rooms intended to be used as sleeping accommodation, or where an extension is compartmented and/or adopts modern construction methods.
A traditionally constructed building is constructed by traditional construction methods, using permeable components that promote the dissipation of moisture from the building fabric.
When will these changes come into effect?
The Amendment Regulations will come into effect on 6 April 2026. However, the Amendment Regulations will not apply to works that:
- do not require a building warrant;
- are completed before 6 April 2026; or
- are completed before 6 October 2026, but where the contract for such works is entered into before 6 April 2026.
Going Forward
The Amendment Regulations acknowledge and give effect to the recommendations published by the expert panels mentioned above. Notwithstanding their clear purpose, they introduce significant amendments to established Scottish building standards, all of which must be understood and implemented by those in the hotel and short-term accommodation sector, including the professional design consultants and contractors operating within it.
The guidance in The Scottish Building Standards Technical Handbooks has been updated to reflect the Amendment Regulations. The latest versions will apply to building warrants submitted on or after 1 April 2026, and can be found here.
The application of the Amendment Regulations depends on the specifics of a project, for example, whether a building is a relevant building, or has been traditionally constructed. If you require assistance, or have any questions in respect of building standards and fire safety generally, please do not hesitate to contact our Construction team.
