Housing (Scotland) Act 2006

Part 1 — Housing standards

Chapter 1 — Housing renewal areas

Designation of housing renewal areas

Part 1 appeals: procedure etc.

1

A local authority may by order designate any locality in its area as a housing renewal area (“HRA”) if it considers—

• (a) that a significant number of the houses in the locality are sub-standard, or

• (b) that the appearance or state of repair of any houses in the locality is adversely affecting the amenity of that locality.

Housing renewal areas: procedure

2

• (1) An order designating any locality as an HRA (an “HRA designation order”) must—

• (a) set out the reasons for the designation by reference to section 1, and

• (b) include—

• (i) an HRA action plan, and

• (ii) a map delineating the HRA.

• (2) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (3) Schedule 1 makes further provision about the procedure for making HRA designation orders.

Effect of registering repayment charges etc.

3

• (1) An HRA action plan is a strategy for securing an improvement in the condition and quality of housing in the HRA.

• (2) Such a plan must—

• (a) identify each house in the HRA which the local authority considers to be sub-standard and, in relation to each, specify whether the local authority considers that the house—

• (i) ought to be closed or demolished under Part 6 (houses which fail tolerable standard or constitute obstructive buildings) of the 1987 Act,

• (ii) requires to be demolished under section 29 (dangerous buildings) of the Building (Scotland) Act 2003 (asp 8),

• (iii) is in a state of serious disrepair and ought to be demolished, or

• (iv) ought to have work carried out in or in relation to it for the purposes of bringing it into, and keeping it in, a reasonable state of repair,

• (b) identify any house in the HRA which ought to have work carried out in or in relation to it for the purposes of enhancing the amenity of the HRA,

• (c) specify—

• (i) any standard to which any demolition required by the plan is to be carried out (including any standard to which the site of the demolished house must be cleared),

• (ii) the work which the plan requires to be carried out,

• (iii) any standard which must be met on completion of that work, and

• (iv) any step which the local authority requires to be taken in carrying out that work,

• (d) describe the general effect of Part 15 (compensation payments) of the 1987 Act and Part 2 (scheme of assistance) of this Act in so far as they apply in relation to houses identified in the plan, and

• (e) specify the period within which the local authority intends to secure the implementation of the plan.

• (3) The work specified in an HRA action plan may include work which is intended to—

• (a) improve the safety or security of any houses or persons,

• (b) reduce the long-term costs of maintaining any houses, or

• (c) enhance the amenity of any houses.

• (4) An HRA action plan may also specify work which ought to be carried out in or in relation to any house in the HRA which is adjacent to, or otherwise associated with, any house identified in it.

Variation of HRA designation order

4

• (1) The local authority may, on the request of the owner of any house identified in an HRA action plan as a house in or in relation to which work ought to be carried out, vary an HRA designation order.

• (2) The local authority must consult—

• (a) the owner concerned, and

• (b) any other person whom it considers likely to be affected by the proposed variation,

before deciding whether to vary an HRA designation order under subsection (1).

• (3) A variation under subsection (1) may vary the HRA action plan only; and may do so only so far as it affects the house owned by the person who made the request.

• (4) The local authority may, at any time, vary an HRA designation order in a way which it considers unlikely to adversely affect any person significantly.

• (5) The local authority must give notice of any variation made under subsection (1) or (4) to—

• (a) any person whom it considers likely to be affected by the variation, and

• (b) such other persons as it thinks fit.

• (6) The notice must—

• (a) describe the general effect of the variation, and

• (b) specify the places where, and the times at which, a copy of the HRA designation order as varied is to be made available under section 7.

Revocation of HRA designation order

5

• (1) The local authority must revoke an HRA designation order if it is—

• (a) satisfied that the HRA action plan has been implemented, ...

• (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (2) The local authority may... otherwise revoke an HRA designation order at any time if it is satisfied that there has been a change in circumstances which justifies such a revocation.

• (3) Any work notice given for the purpose of implementing an HRA action plan is to cease to have effect on revocation of the HRA designation order which includes that plan.

• (4) The local authority must give notice of a revocation under subsection ... (2) to any person whom it considers likely to be affected by the revocation.

Directions concerning identification of housing renewal areas

6

• (1) A local authority must comply with any directions given by the Scottish Ministers concerning identification of areas suitable to be designated as HRAs.

• (2) A direction given for the purpose of subsection (1) may—

• (a) be given generally, or

• (b) make different provision for different cases and, in particular, for different areas, different localities, different types of local authority or in respect of any particular local authority or authorities.

• (3) Such a direction may be varied or revoked at any time.

Public access to HRA designation orders

7

• (1) The local authority must make a copy of each HRA designation order in force for its area (including any variations) available for public inspection, free of charge.

• (2) It is for the local authority to determine the form and manner in which, and the places where, a copy HRA designation order is made available; but in so doing the local authority must ensure that the copy order is made reasonably obtainable.

Implementation of HRA action plans

Implementation: duties of local authority

8

• (1) A local authority which has designated an HRA must take such steps as are reasonably practicable for the purposes of securing the implementation of the HRA action plan.

• (2) Those steps must include—

• (a) informing the owners and occupiers of houses identified in the HRA action plan about the way in which it intends to secure implementation of the plan, and

• (b) from time to time, giving those owners and occupiers progress reports about the implementation of the plan.

Duty to rehouse displaced residents

9

• (1) This section applies where—

• (a) a person is to be displaced permanently from any living accommodation as a result of the implementation of an HRA action plan, and

• (b) that living accommodation was the only or main residence of that person on the day on which notice of the relevant HRA designation order was first given in accordance with schedule 1.

• (2) Where this section applies the local authority must, if so requested by the person to be displaced, ensure—

• (a) that the person is provided with suitable alternative living accommodation on reasonable terms, and

• (b) in so far as practicable, that the living accommodation which is so provided is in, or within a reasonable distance of, the locality of the living accommodation from which the person is to be displaced.

• (3) The reference in subsection (2) to suitable alternative living accommodation is a reference to living accommodation which is suitable for occupation by the person to be displaced and any other person whose only or main residence on the day referred to in subsection (1)(b) would, but for the location of that other person's place of work or of any educational institution which the person attends, have been the living accommodation concerned.

Chapter 2 — Strategic housing functions

Local housing strategies

10

In section 89 (duty to prepare a local housing strategy) of the Housing (Scotland) Act 2001 (asp 10)—

• (a) in subsection (5), before paragraph (a) insert—

(za) improves the standard of housing in the authority's area,

,

• (b) after that subsection insert—

(5A) The local housing strategy must, in particular, set out— (a) a strategy for ensuring compliance with section 85(1) (duty to close, demolish or improve houses which do not meet the tolerable standard) of the Housing (Scotland) Act 1987 (c. 26), (b) the authority's policy for identifying parts of its area for designation under section 1 (housing renewal areas) of the Housing (Scotland) Act 2006 (asp 1), (c) a strategy for improving the condition of houses by providing or arranging for the provision of assistance under Part 2 of the Housing (Scotland) Act 2006 (asp 1).

.

Chapter 3 — The tolerable standard

Amendment of the tolerable standard

11

• (1) Section 86 (definition of house meeting the tolerable standard) of the 1987 Act is amended as follows.

• (2) In subsection (1)—

• (a) after paragraph (c) insert—

(ca) has satisfactory thermal insulation;

,

• (b) in paragraph (f), after “closet” insert “ or waterless closet ”,

• (c) after paragraph (g) insert—

(ga) in the case of a house having a supply of electricity, complies with the relevant requirements in relation to the electrical installation for the purposes of that supply; “the electrical installation” is the electrical wiring and associated components and fittings, but excludes equipment and appliances; “the relevant requirements” are that the electrical installation is adequate and safe to use;

.

• (3) After subsection (1), insert—

(1A) In construing any such reference, regard shall be had to any guidance issued by the Scottish Ministers. (1B) The Scottish Ministers must issue the guidance in such manner as they consider appropriate for bringing it to the notice of local authorities and other persons with an interest. (1C) The Scottish Ministers may vary or revoke any such guidance.

.

• (4) After subsection (2), insert—

(2A) An order under subsection (2) is to be made by statutory instrument, and no such order is to be made unless a draft of the order has been laid before and approved by resolution of the Scottish Parliament.

.

Chapter 4 — The repairing standard

Landlord's duty to repair and maintain

Tenancies to which repairing standard duty applies

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• (1) This Chapter applies to any tenancy of a house let for human habitation unless it is—

• (a) a Scottish secure tenancy or a short Scottish secure tenancy,

• (b) a tenancy of a house retained or purchased by a local authority under section 121 of the 1987 Act for use as housing accommodation,

• (c) a tenancy of a house which is—

• (i) on land comprised in a lease constituting—

• (A) a 1991 Act tenancy (within the meaning of the Agricultural Holdings (Scotland) Act 2003 (asp 11)),

• (B) a short limited duration tenancy (within the meaning of that Act), ...

• (C) a limited duration tenancy (within the meaning of that Act), and

• (D) a modern limited duration tenancy (within the meaning of that Act), or

• (E) a repairing tenancy (within the meaning of that Act),

• (ii) occupied by the tenant of the relevant lease,

• (d) a tenancy of a house on a croft (within the meaning of the Crofters (Scotland) Act 1993 (c. 44)), or

• (e) a tenancy of a house on a holding situated outwith the crofting counties (within the meaning of that Act of 1993) to which any provision of the Small Landholders (Scotland) Acts 1886 to 1931 applies.

• (f) a holiday let which is not a short-term let.

• (2) A reference in this Chapter to a tenancy refers only to a tenancy to which this Chapter applies.

• (3) For the purposes of this Chapter, a short-term let is a type of tenancy (and the terms landlord, let and tenant are to be construed accordingly).

• (4) In this section—

• “a holiday let” is a tenancy of a house which does not exceed 31 days where the purpose of the tenancy is to confer on the tenant the right to occupy the house for a holiday,

• “a short-term let” has the same meaning as in article 3 of the Civic Government (Scotland) Act 1982 (Licensing of Short-term Lets) Order 2022.

The repairing standard

13

• (1) A house meets the repairing standard if—

• (a) the house is wind and water tight and in all other respects reasonably fit for human habitation,

• (b) the structure and exterior of the house (including drains, gutters and external pipes) are in a reasonable state of repair and in proper working order,

• (c) the installations in the house for the supply of water, gas , electricity (including residual current devices) and any other type of fuel and for sanitation, space heating by a fixed heating system and heating water are in a reasonable state of repair and in proper working order,

• (d) any fixtures, fittings and appliances provided by the landlord under the tenancy are in a reasonable state of repair and in proper working order,

• (e) any furnishings provided by the landlord under the tenancy are capable of being used safely for the purpose for which they are designed, ...

• (f) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (g) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

• (h) the house meets the tolerable standard.

• (i) any common parts pertaining to the house can be safely accessed and used,

• (j) the house has satisfactory provision for, and safe access to, a food storage area and a food preparation space, and

• (k) where the house is in a tenement, common doors are secure and fitted with satisfactory emergency exit locks.

• (2) In determining whether a house meets the standard of repair mentioned in subsection (1)(a), regard is to be had to the extent (if any) to which the house, by reason of disrepair or sanitary defects, falls short of the provisions of any building regulations.

• (3) In determining whether a house meets the standard of repair mentioned in subsection (1)(b), regard is to be had to—

• (a) the age, character and prospective life of the house, and

• (b) the locality in which the house is situated.

• (4) The reference in subsection (1)(c) to installations in a house includes reference to installations outwith the house which, directly or indirectly, serve the house and which the owner is responsible for maintaining (solely or in common with others) by virtue of ownership, any real burden or otherwise.

• (7) In determining whether a house meets the standards of repair mentioned in subsection (1)(c) to (k) regard is to be had to any guidance issued by the Scottish Ministers in relation to—

• (a) the condition of pipes supplying water for human consumption,

• (b) electrical safety standards in relation to—

• (i) installations for the supply of electricity, and

• (ii) electrical fixtures, fittings and appliances,

• (c) installation of a fixed heating system,

• (d) equipment for detecting fire and for giving warning of fire or suspected fire,

• (e) the tolerable standard,

• (f) the type of emergency exit locks to be fitted to common doors in tenements,

• (g) equipment for detecting, and for giving warning of, carbon monoxide in a concentration that is hazardous to health,

• (h) the provision for, and safe access to, a food storage area and a food preparation space.

Landlord’s duty to repair and maintain

14

• (1) The landlord in a tenancy must ensure that the house meets the repairing standard—

• (a) at the start of the tenancy, and

• (b) at all times during the tenancy.

• (2) The duty imposed by subsection (1) includes a duty to make good any damage caused by carrying out any work for the purposes of complying with the duty in that subsection.

• (3) The duty imposed by subsection (1)(b) applies only where—

• (a) the tenant notifies the landlord, or

• (b) the landlord otherwise becomes aware,

that work requires to be carried out for the purposes of complying with it.

• (4) The landlord complies with the duty imposed by subsection (1)(b) only if any work which requires to be carried out for the purposes of complying with that duty is completed within a reasonable time of the landlord being notified by the tenant, or otherwise becoming aware, that the work is required.

Application of duty in relation to flats etc.

15

• (1) Where a house forms part only of any premises, the reference in section 13(1)(b) to the house includes reference to any part of those premises which the owner of the house is responsible for maintaining (solely or in common with others) by virtue of ownership, any real burden or otherwise.

• (2) Nothing in subsection (1) requires the landlord to carry out any work unless any part of the premises, or anything in the premises, which the tenant is entitled to use is adversely affected by the disrepair or failure to keep in proper working order.

Exceptions to landlord’s repairing duty

16

• (1) The duty imposed by section 14(1) does not require—

• (a) any work to be carried out which the tenant is required by the terms of the tenancy to carry out,