Scots law issues

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The Practice Notes in this subtopic provide an introduction to the key differences between Scots and English law for construction lawyers, and to particular features of Scots law that may be relevant to construction lawyers. These Practice Notes may be useful to both Scottish and English lawyers that require information on key Scots law issues, in the context of construction.

Construction contracts in Scotland

Though there is much in common between the law of Scotland and England, so far as construction law and construction contracts are concerned, there are nevertheless several important differences. These range from construction-specific matters, such as the application Scheme for Construction Contracts (Scotland) Regulations 1998, SI 1998/687 instead of the Scheme for Construction Contracts (England and Wales) Regulations 1998, SI 1998/649, through to differences in underlying common and statutory laws that will affect the drafting and formation of construction contracts, and execution of works. The most significant of these differences are considered in Practice Note: Key differences between Scots law and English law for construction lawyers. This looks at, among other things:

  1. •

    the Scheme for Construction Contracts (Scotland) Regulations 1998,

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Latest Construction News

Civil Procedure (Amendment) Rules 2026

The Civil Procedure (Amendment) Rules 2026, SI 2026/97 amend the Civil Procedure Rules 1998. Most provisions commence on 6 April 2026, with two amendments commencing at a date to be determined by other legislation.

Scottish Government publishes Building Safety Levy Expert Advisory Group minutes

The Scottish Government has published minutes from Building Safety Levy Expert Advisory Group meetings held on 4 November 2025 and 28 January 2026, both released on 5 February 2026. The minutes reveal concerns from members that the Levy Free Allowance threshold of 19 units had not been consulted on with stakeholders, with members strongly favouring setting this threshold in primary legislation rather than regulations. Scottish Government officials clarified their intention to set the Levy Free Allowance in regulations alongside rates and confirmed the Minister's commitment to strengthening reporting requirements in the Bill through government amendments expected on 4 February. The Levy commencement has been delayed from April 2027 to April 2028, with indicative rates to be published in June 2026 alongside an updated Business and Regulatory Impact Assessment. The group supported aligning the Scottish approach with the methodology used in England, with the Levy aimed at generating £30m annually. Officials committed to further engagement on cash flow concerns for Build-to-Rent developments and to explore data sharing relating to the Levy Free Allowance.

ACE publishes Currie & Brown report projecting that global construction costs will rise by 2.4% in 2026

The Accelerated Capability Environment (ACE) has published a report by Currie & Brown, forecasting that global construction costs will rise by 2.4% in 2026, with UK costs expected to increase by 3.6%. The cost management and advisory services provider noted that the Autumn Budget introduced no new tax incentives for construction, while wage and tax changes have increased the pressure on the industry.

Scottish Government launches consultation on housing delivery incentives and penalties

The Scottish Government has launched  a consultation seeking views on measures to accelerate the build-out of homes on sites already identified for housing development, in response to falling housing starts and completions despite a substantial pipeline of consented land. The consultation supports the Housing Emergency Action Plan and related planning commitments, and examines whether incentives, penalties or other interventions could increase delivery rates, including for small and medium-sized housebuilders, within a plan-led, infrastructure-first framework under National Planning Framework 4. It is informed by evidence that slow delivery is driven primarily by post-consent factors such as market absorption rates, viability constraints, infrastructure costs, public sector risk exposure and limited developer capacity or commitment, rather than by the planning permission process itself. Drawing on previous reviews and research by bodies including the Competition and Markets Authority and the Scottish Land Commission, the consultation outlines potential approaches such as land assembly, public sector-led development, reform of compulsory purchase and sales powers, and policy tools to influence build-out rates, and notes that any future action may require legislative change in the next parliamentary session and would be subject to appropriate impact assessment. The consultation closes on 30 April 2026.

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