Question reference: S3W-23177
- Asked by: Aileen Campbell, MSP for South of Scotland, Scottish National Party
- Date lodged: 23 April 2009
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Current status: Answered by Jim Mather on 6 May 2009
Question
To ask the Scottish Executive what regulations govern the installation and maintenance of domestic fuel oil storage tanks.
Answer
The installation of oil storage tanks used for heating or cooking facilities to all building types is covered by the Building (Scotland) Regulations 2004.
Such structures may require an application for planning permission to the planning authority. However, permitted development rights (PDR) grant a Scotland-wide planning permission, removing the need for a planning application, for various developments, in areas ranging from householder developments to development at airports, which might cover these structures depending on the circumstances. Specific PDR apply, for example, to a container for the storage of oil or liquefied petroleum gas within the garden of a dwelling house. These particular PDR are subject to conditions on size and location to protect visual amenity.
The maintenance of oil tanks is not covered by the building regulations. However, action may be taken under Section 28 (Defective Buildings) of the Building (Scotland) Act 2003 where a local authority considers that a tank has defects that require to be dealt with to prevent significant deterioration.