The Civic Government (Scotland) Act 1982, Section 89, requires that the use of a "raised structure" must be approved by the relevant local authority. In this context, "raised structure" means a platform, stand, staging or other similar structure, which provides seating or standing accommodation. This requirement does not apply where a Building Warrant has been granted or where scaffolding or similar equipment is used in connection with building works.
This authority adopts the position of a “raised structure” being a structure where any part of the finished floor level is 600mm or more above ground level.
The authority has to be satisfied that the raised structure:
- has been safely constructed and secured and
- has sufficient means of access and egress, including means of escape in an emergency situation.
The authority may also specify any conditions deemed necessary for the use of the raised structure, including the maximum number of persons permitted to use it.
Your application must be in writing (including by electronic means), in the form specified by the Local Authority and accompanied by any requested fee.
You must be a fit and proper person.
You may be required to produce a certificate or calculations issued by a suitably qualified person stating or demonstrating that the raised structure is suitably designed, constructed, maintained and equipped and in a safe condition for its intended use.
If it is proposed that the raised structure will remain in its completed state for more than 28 days in any 12 month period, it will be necessary to make an application for a Building Warrant as required by Section 6 of the Building (Scotland) Acts 1959 and 1970.
An application form, together with the appropriate fee and plans should be submitted at least 21 days prior to the proposed date of use of the raised structure.
A summary of the regulation relating to this certificate can be found in the External Links section on this page.
Application Evaluation Process
The following criteria will be considered when the application is being evaluated:
The local authority will grant their approval of the use of a raised structure if they are satisfied that it:
(a) has been safely constructed and secured; and
(b) has sufficient means of entrance and exit including means of escape in case of fire or other emergency in relation to the circumstances in which it is to be used; but not otherwise.
If the local authority is not the fire authority, they will consult the fire authority before reaching their decision under (b) above.
The local authority may, when granting their approval of the use of a raised structure or at any other time after, impose by notice served on the person to whom approval is being or, as the case may be, has been granted such conditions as they think necessary relating to such use, and the conditions may include a condition as to the maximum number of persons permitted to use the raised structure and a prohibition on its use for so long as the conditions contained in the notice have not been complied with.
Will Tacit Consent Apply?
No. It is in the public interest that the authority must process your application before it can be granted. If you have not heard from the local authority within a reasonable period, please contact it. You can do this online if you applied through the UK Welcomes service.
Apply for a Section 89 Raised Structure Certificate using the link provided in the External Links section on this page.
Failed Application Redress
Please contact your Local Authority in the first instance. Any applicant who is refused a certificate can appeal to their local Sheriff.
Certificate Holder Redress
Please contact your Local Authority in the first instance. Any certificate holder who wishes to appeal against a condition attached to their certificate can appeal to their local Sheriff.
We would always advise that in the event of a complaint the first contact by you is made with the certificate holder/organizer.
If no action is taken by the certificate holder/organizer or you feel the matter is safety critical you should contact the local authority, local fire authority or police to pass on your concerns.
Please see the links provided in the External Links section on this page.