We are pleased to welcome you to our autumn edition of Construction Matters.
In this edition, we bring you explorations on the latest developments in building safety in Scotland, including the Scottish Building Safety Levy, the Scottish Compliance Plan Approach, and an update on Scottish reform following Grenfell. We also bring you an update on the right to work checks coming into force later this year, including what is changing and how you can prepare.
We have also included a selection of insights from the Burness Paull team.
Please do get in touch with me or with your usual Burness Paull contact if you would like to discuss further.
Mark Kirke
HEAD OF CONSTRUCTION & PROJECTS
Contents
Discussion pieces
Scottish Building Safety Levy: Indicative Rates Published
The Scottish Building Safety Levy (SBSL) will apply from 1 April 2028, requiring residential developers to contribute towards Scotland’s cladding remediation programme. Newly published indicative rates, calculated per square metre and varying by local authority, will help developers assess project costs, viability, and potential liabilities ahead of implementation.
By Jane Fender-Allison and Emma Kelly
Update on the Scottish Compliance Plan Approach
Scotland's new Compliance Plan Approach (CPA) introduces stricter oversight of higher-risk buildings, requiring compliance to be planned, monitored and evidenced throughout construction. The phased rollout aims to strengthen building standards, improve accountability and prepare for future mandatory requirements.
By Phoebe Cournane
Building and Fire Safety After Grenfell: Scottish Reform Status
Scotland is continuing to strengthen building and fire safety reforms in response to the Grenfell Inquiry. Key measures include tougher oversight of high-risk buildings, stricter enforcement powers, fire safety reviews, cladding remediation, and higher competency standards for construction professionals.
By Laura Milne
Right to Work checks: what is changing and how to prepare
From 1 October 2026, UK right to work rules will extend beyond employees to contractors, subcontractors and agency workers. Businesses must update processes or risk fines of up to £60,000 per illegal worker.
By James Ritchie
Insights
Renewables Review: Market Insight and Recent Deal Activity
25/06/2026
It’s been another busy period for our renewable energy practice, and the pace of change across the sector shows no signs of slowing.
Why standard commercial property thinking doesn’t work for ports and harbours
02/07/2026
Here we discuss why treating ports like normal property can quietly derail projects as hidden legal layers, shared access limits and marine rules create risks many developers fail to spot early.
The walls remember: a lesson in building conversion risk
08/07/2026
In this article, we discuss how structural issues at a major New York conversion project highlight the hidden risks of repurposing ageing buildings and the lessons for the UK property market.
Planning for build-to-rent: a tale of two cities
15/07/2026
Here we discuss the evolution of build to rent planning policy in Scotland, examining the differing approaches taken by Edinburgh and Glasgow and what comes next for the sector.
Case summary: failure to comply with a contact order
05/08/2026
This blog discusses the decision of Glasgow Sheriff Court in Charlie Foxtrot v Delta Echo [2026], concerning alleged non-compliance with a child contact order.
Supreme Court weighs in on directors’ duties: Saxon Woods v Costa
19/08/2026
This insight discusses the Supreme Court’s decision on the Saxon Woods v Costa case and what it means for board decision making.
Build-to-rent in Scotland: the impact of building safety
11/09/2026
Successful Scottish BTR delivery will depend on embedding building safety compliance and levy risk into funding, procurement and programme planning from the outset.
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